IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.599/2019 BETWEEN :
Kiran S/o Janardhana Aged about 25 years R/at: Sharada Nagara Moosodi, Uppala Gate Uppala Post, Manjeshwara Taluk Kasaragod District, Kerala-671 342 (By Sri. B. Lethif, Advocate) AND :
The State of Karnataka by Economic and Narcotic Crime Police Station, Mangaluru District Represented by State Public Prosecutor High Court Building, Bangalore-560 001 (By Sri. M. Divakar Maddur, HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.33/2018 of E and N Crime Police Station, Mangaluru city for the offence p/u/s 8(c), 20(b), (II)B narcotic Drugs and Psychotropic Substances Act 1985.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.1 under Section 439 of Cr.P.C. praying to release him on bail in Crime No.33/2018 of Economic and Narcotic Crime Police station, Mangaluru, Dakshina Kannada District for the offences punishable under Sections 8(c), 20(b)(ii)B of NDPS Act, pending on the file of the principal District and Sessions Judge, Dakshina Kannada, Mangaluru.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that on 13.10.2018 the respondent-police received a credible information that the petitioner was selling ganja. Immediately they went apprehended the petitioner-accused No.1. He was found in possession of 1½ kgs ganja and he used to get the said ganja from Kasaragodu. The said ganja was seized by drawing a mahazar. Thereafter, a case has been registered.
4. It is the submission of the learned counsel for the petitioner-accused No.1 that petitioner-accused No.1 is innocent and he has been falsely implicated in the case. He further submitted that quantity of the ganja which has been seized is less than the commercial quantity. He further submitted that the provisions of Sections 42 and 50 of the NDPS Act have not been followed while seizing the article. Even Standing Instructions No.1/88 of NCB has also not been followed. He further submitted that if the mandatory provisions are not followed, then the entire case of the prosecution vitiates. He further submitted that the petitioner is ready to abide by any conditions and ready to offer sureties. On these grounds, he prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner-accused No.1 was apprehended while he was selling ganja. The said ganja was seized from his possession by drawing a mahazar. Mobile phone has also been seized from his possession. He further submitted that the petitioner is a habitual offender. If he is released on bail, he may again indulge in similar type of criminal activities. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. Though the learned counsel for the petitioner has raised several contentions, ganja which has been seized from the possession of the petitioner-accused No.1 is only 1½ kgs. which is less than the commercial quantity. Under such circumstances, I feel that by imposing some stringent conditions, if the petitioner is ordered to be released on bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused No.1-petitioner herein is enlarged on bail in Crime No.33/2018 of Economic and Narcotic Crime Police station, Mangaluru, Dakshina Kannada District for the offences punishable under Sections 8(c), 20(b)(ii)B of NDPS Act, pending on the file of the principal District and Sessions Judge, Dakshina Kannada, Mangaluru, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution witnesses.
iii) He shall not leave the jurisdiction of the Court without prior permission.
iv) He shall mark his attendance on 1st of every month before the jurisdictional police between 10.00 a.m. and 5.00 p.m. till the trail is concluded.
Sd/- JUDGE *ck/-