IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1096/2019 BETWEEN:
Nikhil C.M S/o. Murali C.K, 24 years R/o. Chukkiravalapilli house Vellarakad Village & Post Thallappilli Tq, Thrissur Dist Kerala State – 680 584. ...Petitioner (By Sri K.S. Vishwanath, Adv., for Sri Gangadharappa C.C, Advocate) AND:
State of Karnataka Suddaguntepalya Police Bengaluru-560 001.
Represented by P.P Bengaluru-01. ... Respondent (By Smt. Namitha Mahesh B.G, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.349/2018 of Suddaguntepalya P.S., Bangalore City for the offence p/u/s 20(b), 21(c) and 22(c) of N.D.P.S. Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner- accused under Section 439 of Cr.P.C seeking his release on bail in Crime No.349/2018 of Suddaguntepalya Police Station for the offences punishable under Sections 20(b), 21(c), 22(c) of NDPS Act.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that the on 18.12.2018 at about 12.30 p.m., the respondent police have received a credible information about arrival of one person for selling of drugs at about 3.15 p.m. Immediately, the team of the search was arranged and at about 3.00 p.m. they went and started searching. At about 3.20 p.m. one person came by walking and was searching for customer. On observation, after confirmation they surrounded the said person and after enquiry he told his name and address and on conducting search of the hand bag, which was with the said person, they found 30 LSD blots weighing 0.50 gms and 600 gms ganja and one student bag, which were seized by drawing mahazar. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the complainant police have not complied mandatory provisions of NDPS Act. He further submitted that the said ganja and LSD were not tested with any field test kit and as such, they have violated the standing instruction No.1/88 of NDPS. He further submitted that within 15 days the qualitative report and within next 15 days the quantitative report was also not been obtained as contemplated under the standing instruction. He further submitted that when no standing instruction have been followed, it cannot be held that the seized article is a prohibited drug. He further submitted that the provision of bail under Section 37 of the Act are not applicable since the quantity of LSD and ganja, which have been seized is only 0.50 and it is lesser than commercial quantity and even the ganja which has been seized is also only 600 gms, which is also less than commercial quantity. He further submitted that the petitioner/accused is a MBA graduate and he came in search of the job and two other persons were also present along with him. They have set on liberty and the petitioner/accused has been apprehended and a false case has been registered against him. He further submitted that the alleged offences are not punishable with death or imprisonment for life and he is ready to abide by any conditions imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition and to release the petitioner/accused on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that petitioner/accused is involving in a serious offence of peddling prohibited drugs and he is a habitual offender. She further submitted that the petitioner has been apprehended on spot and on search, 30 LSD blots and 600 gms of ganja has been seized. She further submitted that the voluntary statement of the petitioner/accused is having a presumptive value and he has clearly admitted that he is dealing with prohibited drugs and there is ample material to connect the petitioner to the alleged crime. On these grounds, she prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission of both the learned counsel appearing for the parties and perused the records.
7. On close reading of the contents of the complaint, it disclose that when the petitioner/accused was searched with bag, it was containing 30 LSD blots weighing 0.50 gms and 600 gms ganja. The said quantity which has been seized is lesser than commercial quantity. Insofar as LSD blots are concerned, commercial quantity is 0.1 gm but the seized prohibited drugs is 0.50 gms and insofar as ganja is concerned 20 kg but seized article is 600 gms. Under the said facts and circumstances, the provision of Section 37 of NDPS Act are not applicable and even the alleged offence are not punishable with death or imprisonment for life. It is noted that no criminal antecedents are also there as against the petitioner/accused. Hence, by imposing some stringent conditions, if petitioner is released on bail, it would meet the ends of justice. In that light, petition is allowed.
8. Petitioner/accused is enlarged on bail in Crime No.349/2018 of Suddaguntepalya Police Station for the offences punishable under Sections 20(b), 21(c) and 22(c) of NDPS Act subject to the following conditions:
1. Petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakh only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in a month on every 1st till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall not indulge in similar type of activities.
Sd/- JUDGE nms