IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7057/2017 BETWEEN:
Johnson Joseph S/o Joseph Aged about 31 years R/at Alagodi village Thapor Post Thaliparimbiya Taluk Kannur District Kerala State-678 702. ... PETITIONER (By Sri R V Shivananda Reddy, Adv.) AND:
State of Karnataka By Suddaguntepalya Police Station Bengaluru Represented by the Government Pleader High Court of Karnataka Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.126/2017 of Suddaguntepalya P.S., Bangalore, for the offence P/U/S 20(B)(ii)(c) of N.D.P.S. Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Section 20(B)(ii)(c) of N.D.P.S. Act registered in respondent – police station Crime No.164/2017.
2. The case of the prosecution case as per the complaint averments is, on 07.07.2017 when the complainant was discharging the duties had received the credible information that two persons having the possession of bag consisting of Hashish Oil are intending to sell the same to general public near Aladamarada Katte, Thavarekere Bus Stand, Bengaluru. Accordingly, the complainant intimated the said fact to higher officer and obtained permission and secured the panchas. The complainant along with panchas and staff came to the said place and found two persons in possession of the bag. The complainant and his staff encircled them and apprehended and on enquiry, they reveal their names as Biji Abraham and Johnson Joseph. The complainant made search and found 6 plastic boxes consisting Ganja Oil and seized the said Ganja Oil under panchanama and brought the accused persons to the police station, on the basis of which, case came to be registered for the above said offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record, so also, the order of the learned Sessions Judge rejecting the bail application of the petitioner.
5. Looking to the prosecution material, though it is stated in the complaint that after receipt of the credible information complainant informed the same to his higher officers and then proceeded to the spot, nowhere in the complaint it is mentioned that after receipt of the said information he reduced the same into writing to the dairy kept in the police station. Therefore, there is no compliance of Section 42 of the NDPS Act.
6. It is also the contention of the learned counsel for the petitioner that even Section 154(1) of the Cr.P.C. is also not complied with, because the case regarding cognizable offence was not registered immediately after the receipt of the information.
7. The petitioner has contended in the petition that he is innocent and not committed the alleged offence. The quantity of the material alleged to have been seized is 6 kg. 561 gms. which is less than the commercial quantity. Petitioner has undertaken to abide by any conditions to be imposed by this Court. The alleged offence is also not exclusively punishable with death or imprisonment for life. The petitioner is said to be in custody since three months. According to the prosecution, the seizure of alleged ganja oil is already made. Therefore, at this stage, nothing further is to be seized from his possession. Hence, I am of the opinion that by imposing reasonable conditions petitioner can be admitted to bail.
8. Accordingly, petition is allowed.
Petitioner/accused No.1 is ordered to be released on bail for the offence punishable under Section 20(B)(ii)(c) of N.D.P.S. Act registered in respondent – police station Crime No.164/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE bkp