Karnataka High Court: While passing the order in a criminal petition filed under Section 439 of CrPC, praying to enlarge the petitioner on bail, a Single Judge Bench of Rathnakala, J. granted bail to the petitioner as no prima facie offence could be made out against him under the NDPS Act.
The petitioner was a Nigerian national, he was in judicial custody for offences under Sections 129B, 465, 468, 471, 474, 419, 420 of IPC along with Sections 8(c), 21(b), and 22(c) of the NDPS Act, 1985. The first accused, also a Nigerian national, was already enlarged on bail. During the raid by the responded- Intelligence Officer, the accused were found in possession of cocaine and other psychotropic substances.
The Court noted that the qualitative and quantitative reports of the seized substance were not received at that stage, and it could not be said with certainty that a prima facie case under NDPS Act was made out by the prosecution. Accordingly, the petition was allowed, and the petitioner was enlarged on bail subject to the conditions imposed. [Christian Mgbeojirikwe Uzochukwu v. State of Karnataka, Criminal Petition No. 5514/2017, dated August 2, 2017]