IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3579/2019 BETWEEN:
1. Sri Nagaraj, Son of Venkataswami, Aged about 51 years, R/at Kokanty Cross, Chandrababu Colony, Tehsil Kadri, Dist. Anantapur, Andhra Pradesh – 515 571.
2. Sri A. Raju, Son of Late Gangaraju, Aged about 24 years, R/at Pedapaleyamgate, Tehsil Malkacheru, Chittoor District, Andhra Pradesh – 515 571. ... Petitioners (By Sri Veeranna G. Tigadi, Advocate) AND:
Union of India, Through Intelligence Officer, Narcotics Control Bureu, Bangalore Zonal Unit, Bangalore – 560 64. ... Respondent (By Sri K.N. Mohan, Spl. PP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioners on bail in Spl. C.C. No.839/2018 (NCB/1/6/2018/BZU) pending on the file of the XXXIII ACC and Spl. Judge (NDPS) Bengaluru for the offences p/u/s 20(B), 28, 29 of NDPS Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners are seeking to be enlarged on bail in connection with their detention pursuant to the proceedings in Spl.C.C.No.839/2018 with respect to offences punishable under Sections 20(B), 28, 29 of NDPS Act.
2. The case of the prosecution is that a complaint has been filed for the offences aforementioned. The complainant is the Intelligence Officer, Narcotics Control Bureau. It is stated that on 17.04.2018 at about 6.00 p.m., the Intelligence Officer received reliable information that two persons were carrying one Quintal of Ganja in seven large gunny bags near Hunasamaranahalli Bus Stop, Bellary Road, Bengaluru. On the basis of such information, necessary permission was obtained from the concerned and the police officials proceeded to the spot. At about 6.30 hours, two persons got down from a private bus and unloaded their large bags from the bus. On the basis of information and on suspicion, the accused were arrested and seven gunny bags were seized and mahazar was drawn. It is noticed that investigation is complete and charge-sheet has been filed on 11.10.2018.
3. The learned counsel for the petitioners states that proof of offence is a matter for trial. The investigation is complete and charge-sheet has been filed. It is further contended that there is doubt in the story of the prosecution insofar as there were no independent mahazar witnesses at the time of seizure.
4. The learned counsel appearing for the respondent submits that as the petitioners are outsiders and belong to neighbouring State, it would be very difficult to procure them and to co-operate with the trial. It is further submitted that quantum of seizure is beyond commercial quantity, the FSL report and nature of substance that was seized makes out prima-facie case against petitioners. It is also contended that there was voluntary statement of the petitioners before the Intelligence Officer.
5. However, it is to be noted that investigation is complete and charge sheet has been filed. The petitioners are in custody since 18.04.2018. The proof of offence is a matter for trial. The weight to be assigned to the voluntary statement is also a matter to be established during trial. So far as the present proceedings, it cannot be construed to be punitive in nature. It is also the assertion of the petitioner that there are no criminal antecedents and the same remains uncontroverted. Therefore, the petitioners are entitled to be enlarged on bail subject to stringent conditions.
6. In the result, the bail petition filed by the petitioners under Sec. 439 of Cr.P.C., is allowed and the petitioners are enlarged on bail in Spl.C.C.No.839/2018 with respect to offences punishable under Sections 20(B), 28, 29 of NDPS Act subject to the following conditions:
(i) The petitioners shall execute a personal bond of `1,00,000/- (Rupees One Lakh only) each with one solvent surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioners shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioners shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioners to inform the same to the complainant.
(v) The petitioners shall physically present themselves and mark their attendance in the office of the complainant once in a month between 10.00 a.m. and 5.00 p.m., till conclusion of the trial.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
In view of disposal of the petition, no order is called for as regards I.A.No.1/2019. Accordingly, the said application is disposed of as being rendered redundant.
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JUDGE