IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8704/2017 BETWEEN:
Mr. Sunil Kumar Naik K S S/o Samyanaik Aged about 23 years R/at Kunchenahalli Thanda Shivamogga Taluk-577 245. ... PETITIONER (By Sri Raj Prabhu.S., Adv.) AND:
The State by Sub-Inspector of Excise Shivamogga Sub-Division Shivamogga-577 201.
Represented by the State Public Prosecutor High Court of Karnataka Bangalore-560 001. ...RESPONDENT (By Sri K Nageshwarappa, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.23/2017-18/2902IE/290205, Sub- Inspector of Excise, Shivamogga, Sub-Division, Shivamogga for the offences P/U/Ss 20(1), 20(a), 8(b) of Narcotic Drugs and Psychotropic Substances Act.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 20(i), 20(a) and 8(b) of the Narcotic Drugs and Psychotropic Substances Act, registered in respondent police station Crime No.23/2017-18.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. Brief facts of the prosecution case as per FIR and seizure mahazar are that on 7.10.2017 the Excise Inspector, Shivamogga received credible information that one person has grown ganja plants in his land. Accordingly, he along with his staff and panch witnesses went to the said place and noticed 180 ganja plants grown in the said land. After seeing the raiding team, the petitioner ran away from the spot. In the presence of panch witnesses they have seized 180 ganja plants and drawn the mahazar, copy of which, is also produced by the learned counsel for the petitioner. On the basis of the said material, FIR came to be registered.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
5. When it is the case of the prosecution that credible information is received by the Excise Inspector, the first thing the said Inspector has to do is compliance of Section 42(1) of the NDPS Act i.e., immediately entering the said information to the Station House diary and also to comply Section 42(2) of the Act, that after reducing the said information into writing, within next 72 hours he has to furnish the copies to his immediate superior by way of information. About compliance of these two things, nothing is mentioned in the prosecution material and there is no separate complaint as such. Only FIR and the seizure mahazar. In column No.4 of point No.7 of the FIR it is mentioned that 180 ganja plants. The weight of said 180 ganja plants is also not mentioned and only the approximate value of said plants is mentioned as 1,15,000/-. On the basis of this material the Court cannot come to the conclusion whether it is commercial quantity or small quantity.
Further, though it is the case of the prosecution that 180 ganja plants are grown by the petitioner in his land, no property extracts are produced to show, in which survey number the said plants are grown and in whose name the said land stands.
6. The petitioner has contended in the petition that he is not at all involved in committing the said offences and there is a false implication. He is ready to abide by any reasonable conditions to be imposed by this Court. The alleged 180 ganja plants have been already seized under the seizure mahazar even according to the prosecution. Therefore, for the present nothing further is to be seized from his possession. Even the offences alleged are not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that petitioner can be granted with anticipatory bail.
7. Accordingly, petition is allowed. The respondent-police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 20(i), 20(a) and 8(b) of the Narcotic Drugs and Psychotropic Substances Act, registered in respondent police station Crime No.23/2017-18, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and shall furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE bkp