IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7347/2016 BETWEEN:
Adinief Raphael Ogugua, S/o. Ogugua, Aged about 39 years, Residing at No.26, Benson Street, Off OSHODI Road, Logas, Nigeria Country – 400 001.
Presently residing at No.14, 3rd Floor, Karagadamma Nilaya, Bande Hosur, Bidarahalli Hobli, Bengaluru East – 580 020 ... Petitioner (By Sri.Shaik Ismail Zabiulla, Advocate) AND:
The State of Karnataka, By Bagaluru Police Station, SPP High Court, Bengaluru – 560 001. ...Respondent (By Sri K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.144/2016 of Bagalur Police Station, Bengaluru for the offence P/U/S 21(c) of NDPS Act and Section 14 of Foreigners Act.
This Criminal Petition coming on for orders this day, the Court made the following:
O R D E R Petitioner who is the sole accused in Crime No.144/2016 which came to be registered by Bagalur Police Station for the offence punishable under Sections 21(c) of Narcotic Drugs & Psychotropic Substances Act, 1985 and under Section 14 of the Foreigners Act, 1946, is seeking for being enlarged on bail.
2. The gist of the prosecution case is that complainant/police inspector CCB Spl. Squad, NT Pet, Bengaluru had received credible information that petitioner was selling drugs and as such police inspector, Bagaluru Police Station had proceeded to the house bearing No.14, 3rd Floor, Karagadamma Nilaya, Bande Hosur, Bidarahalli Hobli, Bengaluru East, after obtaining written permission from his superior officer and taking staff and panchas and at 05.15 P.M. accused was found in front of said building and on apprehending him he confirmed selling of drugs and seized 260 grams of cocaine, two mobile phones and passport copy and have drawn panchanama and proceedings came to be initiated against petitioner.
3. It is urged that petitioner is innocent of the offence and has not committed the alleged offence; false case came to be registered against him. Procedure prescribed for seizure was not followed, since the offence alleged against petitioner is not punishable with death or life imprisonment, petitioner has sought for being enlarged on bail.
4. Learned HCGP appearing for state would oppose grant of bail contending that petitioner was in possession of commercial quantity of cocaine of 260 grams. He is a drug dealer and if enlarged on bail being a foreign citizen he is likely to abscond and chances of securing him for trial are remote. Hence, he has sought for rejection of the petition.
5. Having perused the grounds urged in the petition and having heard the learned HCGP for the state, undisputed fact which would emerge is that on 22.08.2016 at about 05.15 P.M. the jurisdictional police had apprehended the petitioner in front of the building bearing No.14, 3rd Floor, Karagadamma Nilaya, Bande Hosur, Bidarahalli Hobli, Bengaluru East, and has seized 260 grams of cocaine, which is a commercial quantity. The said offence is punishable upto 20 years rigorous imprisonment. The statement of accused has a presumptive value and as such the prosecution has made a prima-facie case under Section 37 of Narcotic Drugs & Psychotropic Substances Act, 1985. The Court is not required to enlarge the petitioner on bail unless there is a reasonable ground that the petitioner is not guilty or he is not likely to indulge in committing similar offence in future. On completion of the investigation, charge sheet has been filed in the instant case. Taking into consideration dictum laid down by the Apex Court in the case of Siddharam Vs. State of Maharashtra, reported in 2011(1) SCC 694, interest of the society at large cannot be ignored since sale of cocaine would stifle the future younger generation and it is a menace in the society. As such a duty is also cast on the Court to ensure that circulation of drugs in the society is prevented. In view of admission of accused/petitioner that he was in possession of cocaine of 260 grams which is a commercial quantity and the fact that petitioner is a foreign national, his enlarging on bail would have disastrous effect and would also result in trial getting hampered. In that view of the matter this Court finds no good ground to entertain the petition. Hence, petition is rejected.
SD/- JUDGE SV