IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7945/2019 BETWEEN:
1. NARGEES W/O. LATE CHAND PASHA AGED 40 YEARS KERE BEEDHI, MASJID MOHALLA MAGADI TOWN RAMNAGARA DISTRICT – 562120 2. MOHAMED AFZAL S/O. LATE MOHAMMED RASHEED AGED 55 YEARS KERE BEEDHI, MASJID MOHALLA MAGADI TOWN RAMNAGARA DISTRICT - 562120 ... PETITIONERS (BY SRI G.MURALIDHAR, ADV.,) AND:
STATE OF KARNATAKA BY CIRCLE INSPECTOR OF POLICE MAGADI POLICE STATION – 562120 REPRESENTED BY SPP HIGH COURT BANGALORE …RESPONDENT (BY SRI ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.223/2019 REGISTERED BY MAGADI POLICE STATION, RAMANAGARA FOR THE OFFENCE P/U/S 20(B) OF N.D.P.S., ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard and perused the records.
2. Petitioners are arraigned as accused Nos.1 and 2 in Cr.No.223/2019 of Magadi Police Station, Ramanagara district, for the offences punishable under Section 20(b) of the Narcotic Drugs And Psychotropic Substances, Act,1985.
3. The allegations against the petitioners are that on 15.10.2019, on receiving credible information that some people were gathered near the house of one Nargees – accused No.1, which is situated at Kere beedhi, the police officials went there and found some persons were assembled there and on seeing the police, some persons ran away from the said spot.
From the arrested persons, the police have totally seized 01 k.g. 440 gms of Ganja. Accused No.3 was arrested and sent to judicial custody. Further, the police had seized Ganja which was there at the side of the house of the accused No.1.
4. Looking to the above said facts and circumstances of the case considering the quantity of Ganja, which was not even seized from the custody of accused No.1, and it has to be proved during full dressed trial that whether accused No.1 was in exclusive possession of Ganja from where accused No.1 was arrested. Further, the quantity of Ganja is less than 1½ kgs., which is the intermediate quantity and therefore, when it is not a commercial quantity, rigor of Section 37 of NDPS Act, is not applicable.
5. In that view of the matter, the petitioners are entitled to be enlarged on bail particularly, under Section 439 of Cr.P.C.,. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.223/2019 of Magadi Police Station pending on the file of Principal District and Sessions Judge, Ramanagara, registered against them for the offence punishable under Sections 20(b) of NDPS Act, subject to the following conditions:
(i) The petitioners shall execute their personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with Two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed of.
(v) The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE HJ