IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2050 OF 2019 BETWEEN:
Sri. Ramesha S/o Late Sanjeevappa, Aged about 32 years, R/at Malakalacheruvar (M), Madanapalli (T), Chittoor District, Andhrapradesh-517 507. ... Petitioner (By Sri. R.V. Shivananda Reddy, Advocate for Sri. Chandraiah B.S., Advocate) AND:
Union of India, Narcotics Control Bureau, Bangalore Zonal Unit, House No.7/1-2, Priyanka Villa, Ramana Garden, Kattigenahalli Main Road, Bengaluru-63.
Rep. by Spl.P.P. ... Respondent (By Sri. K.N. Mohan, Special Public Prosecutor) This Criminal Petition is filed u/s.439 of the Code of Criminal Procedure read with Sec.37 of Narcotic Drugs and Psychotropic Substances Act, 1985 praying to enlarge the petitioner on bail in NCB CR.No.48/1/8/2018/BZU in CIS No.595/2018 refigured by the respondent Authorities for the alleged offence P/U/S 8(c) R/W Sec. 20(b) of NDPS Act, 1985.
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 the Code of Criminal Procedure seeking to enlarge him on bail in NCB CR.No.48/1/8/2018/BZU in CIS No.595/2018 of Narcotics Control Bureau, Bengaluru Zonal Unit, Bengaluru.
2. I have heard learned counsel for the petitioner and learned Special Public Prosecutor for respondent-Narcotics Control Bureau.
3. The genesis of the complaint is that on 06.05.2018, the complainant received a credible information that a person who is traveling in a bus is in possession of ganja. Immediately, he went to Doddajala bus stop, Bellary Road and intercepted the said bus and on apprehension of petitioner-accused and on inquiry, he told that the said bags contain ganja and the total weight of the said ganja is 89.6 kilograms and 24 bags. After following the procedure, a seizure and spot mahazar was drawn and a complaint was registered. On the basis of the complaint, already investigation has been completed and charge sheet has been filed.
4. It is the submission of learned counsel for the petitioner-accused that he has moved the Court for grant of regular bail in Crl.P.No.4217/2018. This Court, vide order dated 28.01.2019, dismissed the petition and at that time, charge sheet was not yet filed and now the charge sheet has been filed. Under the said circumstances, he had approached this Court. It is his further submission that the mandatory provisions of Section 42(2) of the NDPS Act have not been followed.
The quantity of ganja seized, whether it contains only ganja or other material, those informations are not clearly mentioned in the seizure mahazar. It is his further submission that the driver of the bus or the conductor have not been examined to show that the accused was traveling in the said bus when he was apprehended. It is his further submission that no pay- in-slip has been collected by the Investigating Officer. It is his further submission that the trial may take some more time and the accused-petitioner is not required for further investigation. He is ready to abide by the conditions imposed by this Court and also ready to offer the sureties. On these grounds, prayed to allow the petition and enlarge the petitioner-accused on bail.
5. Per contra, learned counsel appearing on behalf of the respondent vehemently argued and submitted that the total ganja which has been seized is 89.6 kilograms and the accused is a habitual offender.
He was carrying huge quantity of ganja and the same is seized and the said fact has been proved. Hence, he is liable to be convicted with maximum punishment of 10 years imprisonment and with fine of Rs.2.00 lakhs. It is his further submission that there is prima facie case as against the petitioner and he has been red handedly apprehended while dealing with ganja, he is a professional drug dealer and he is from Andhra Pradesh and may not be available for the purpose of trial and he may abscond. On these grounds, he prayed to dismiss the petition.
6. I have carefully gone through the submissions made by learned counsel appearing for both parties and perused the records.
7. As could be seen from the records, petitioner-accused has approached this Court seeking his enlargement on bail in NCB CR.No.48/1/8/2018/BZU in CIS No.595/2018. This Court by order dated 28.01.2019, dismissed the Crl.P.No.4217/2018. It is the contention of learned counsel for the petitioner-accused that at that time, charge sheet material was not available and now charge sheet has been filed and accused is not required for the purpose of further investigation or interrogation. Observing that this Court after considering the material placed on record, has come to the conclusion that the ganja seized is more than commercial quantity and the petitioner is a drug dealer and by mentioning the same the bail application which was filed, has been dismissed by this Court by order dated 28.01.2019. I feel that the contentions which have been taken are only the contentions that can be urged during the course of trial and those arguments cannot be appreciated now to release the accused on bail, that too, when he is possessing commercial quantity of ganja. Taking into consideration all the above facts, the petition stands dismissed. However, the trial Court is directed to expedite the trial.
Sd/- JUDGE BMC