IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1950/2019 BETWEEN:
Anthony Tebechukwu, S/o. Obdoakor, Aged about 36 years, R/a. K.N.Kitchens, Kanakanage, TC Palya Main Road, Ramamurthy Nagar, Bengaluru – 560 016. ... Petitioner (By Sri. Syed Aqdus, Advocate) AND:
State of Karnataka, By Kothanur Police Station, Represented by the State Public Prosecutor High Court Complex, Bengaluru – 560 001. ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Code of Criminal Procedure praying to enlarge the petitioner on bail in Cr.No.06/2019 registered by Kothanur Police Station, Bengaluru City for the offences punishable under Sections 20(C), 22(C), and 8(C) of N.D.P.S. Act and 5 of Registration of Foreigners Act and 14 of Foreigners Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.06/2019 for the offences punishable under Sections 20(C), 22(C) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act” for brevity), Section 5 of the Registration of Foreigners Act, 1939 and Section 14 of the Foreigners Act, 1946.
2. The case of the prosecution is that FIR was registered in Crime No.06/2019 on 13.01.2019 against the petitioner with respect to the offences afore stated. It is stated that on the basis of the credible information received, the Police-Authorities after arranging for panch witness and other police officials reached the Vijaya Vittal College and on noticing that an African native is moving around with packets containing substance of some kind, Junior officer was sent as a decoy to purchase the said substance. It is stated that he was then searched and arrested. Investigation is in progress. The charge sheet however has not been filed.
3. The learned High Court Government Pleader states that report from the FSL laboratory has not been received.
4. Taking note of the fact that the charge sheet is required to be filed within 180 days in terms of Section 36(A)(4) of the Act. The time limit prescribed under Section 167(2) of the Code, the period of 90 days is to be construed as to be 180 days as regards offences under the NDPS Act.
5. In light of the fact that no charge sheet has been filed till date, the petitioner is entitled to be enlarged on bail in terms of the statutory requirement under Section 36A(4) of the Act.
6. Liberty is kept open to the petitioner to revive the petition, if he is taken into custody by the State subsequently, in the event he is arrested.
In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.06/2019 for the offences punishable under Sections 20(C), 22(C) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 5 of the Registration of Foreigners Act, 1939 and Section 14 of the Foreigners Act, 1946, subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of `2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the concerned Court where the case in Crime No.6/2019 of Kothanur Police Station is pending.
(ii) Petitioner shall not leave the jurisdiction of the Court without necessary permission.
(iii) In addition, the petitioner to offer cash surety of Rs.1,00,000/- (rupees one lakh only).
Accordingly, this criminal petition is disposed of.
Sd/- JUDGE SJK