IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7334/2019 BETWEEN:
Chandpasha @ Mohamad Chand Pasha S/o Gafoor Sab, Aged about 44 years, Resident of D.S.Palya Village, Hebur Hobli, Tumkuru Taluk – 572 216, Tumkur District. …Petitioner (By Sri. Chethan B., Advocate) AND:
State of Karnataka, State by Kyathasandra Police Station, Tumkuru District – 572 216.
Represented by State Public Prosecutor, High Court of Karnataka, Bangalore – 560 001. …Respondent (By Sri. Honnappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.165/2019 of Kyathasandra P.S., Tumakuru For the offence P/U/S 20(b) of NDPS Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner/accused No.3, learned H.C.G.P for the respondent – State and perused the records.
2. On 09/09/2019 on credible information that some persons were transporting ganja near truck terminal park, Sanjayanagara, Kyathsandra, Tumakuru. The police went to that spot, apprehended the petitioner and other accused persons and seized 4 kgs 265 grams of ganja from the possession of accused No.1 under mahazar. A case has been registered in Crime No.165/2019 of Kyathasandra Police Station against the petitioner and other accused persons for the offence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short).
3. There is no direct recovery from this petitioner. Even otherwise, the quantity of ganja seized is 4 kg 265 grams is not a commercial quality which falls just above the small quantity and below the commercial quantity. Therefore, the rider under Section 37 of the NDPS Act is not applicable. However, there is no allegation about any previous antecedents against this petitioner. Petitioner is in judicial custody which indicates that he is not required for any further investigation. In the circumstances, the petitioner is entitled to be released on bail under Section 439 of Cr.P.C.
4. Hence, the following order.
The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.165/19 of Kyathasandra P.S., Tumkuru for the alleged offence, now pending on the file of Principal District and Sessions Judge, Tumkuru, subject to the following conditions:
(i)The petitioner shall execute his personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE Msu