IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2125/2019 Between:
Ritesh Kumawat, S/o Shyamlal, Aged about 22 years, 505, Anil Niwas, Kisan Nagar, Wagle Estate No.3, Thane, Maharashtra – 400 604.
Petitioner is presently in Parapana Agrahara Prison, Bangalore – 560 100. … Petitioner (By Ms. Sushma Naveen, Advocate a/w Sri Manjunath C., Advocate) And:
State by Union of India, NCB, Bangalore Represented by Special Public Prosecutor. … Respondent (By Sri K.N. Mohan, Special Public Prosecutor) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioners on bail in NCB.F.No.48/1/2/2019/BZU registered by Superintendent of Customs for the offences p/u/s 8(c) r/w Sections 22(c), 27A, 28 and 29 of N.D.P.S. Act.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER The petitioner has filed this petition under Section 439 of Cr.P.C. read with Section 37 of Narcotic Drugs and Psychotropic Substances, Act, 1985 (‘NDPS Act’ for short) and has sought for release from detention in connection with NCB.F.No.48/1/2/2019/BZU pending on the file of XXXIII Additional City Civil and Sessions Judge and Spl. Judge (NDPS), Bengaluru with respect to the offences punishable under Sections 8(c) read with Section 22(A), 23, 28 and 29 of NDPS Act as referred to in the memo of arrest dated 08.02.2019 (Annexure-R4).
2. The petitioner is accused No.2. It is submitted that what has been seized from the petitioner is 0.1 gram of MDMA powder and 0.75 grams of MDMA crystals as per the panchanama dated 8.2.2019.
3. It is further pointed out that as per the Schedule for the purpose of the Act, it would be treated to be ‘commercial’ if the quantity exceeds the prescribed weight as specified in Column No.6 of the notification dated 19.10.2001.
4. The other contentions have been raised on the merits of the matter and it is further contended that seizure is not in accordance with the procedure prescribed.
5. It is further submitted that the petitioner is an Engineering student studying in 4th Semester at Bharati Vidyapeeth College of Engineering, Navi Mumbai and his examinations have commenced.
6. The learned Special Public Prosecutor opposes grant of bail and contends that investigation is yet to be completed.
7. However, taking note of the fact that what has been seized from the petitioner as per the panchanama is only 0.1 gram of MDMA powder and 0.75 grams of MDMA crystals, which clearly do not fall within the category of ‘commercial’ and the aspect of whether the petitioner was involved in the offences relating to other than consumption, are matters to be proved during trial.
8. Taking note of the extent of material that has been seized from the petitioner and without expressing any opinion on the merits of the matter and also taking note of the fact that petitioner is an Engineering student, the petitioner is entitled for bail, subject to the following conditions:-
(i) The petitioner shall execute a personal bond of Rs.1,00,000/- (Rupees one Lakh only) with a local surety for the likesum to the satisfaction of XXXIII Additional City Civil & Sessions Judge & Spl. Judge (NDPS), Bengaluru.
(ii) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature henceforth.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness or hamper directly or indirectly the investigation.
(iv) The petitioner shall physically present himself and mark his attendance on a Saturday once in three weeks before the concerned Investigating Officer till the filing of the charge sheet.
(v) Any violation of the aforementioned conditions by the petitioner, howsoever minor, shall result in automatic cancellation of bail.
Sd/- JUDGE VGR