IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6783 OF 2019 Between:
1. Syed Nijam, S/o. Syed Sardar Aged about 28 years, R/o. 16th Cross, Anwar Layout, Faiyaz Building, Kadugondanahalli, Bengaluru-560067.
2. Sadik Ulla Khan, S/o. Nasiya, Aged about 38 years, R/o. Sarjapur Village, Anekal Taluk, Bengaluru Rural District-560106. (By Sri. Bharath Kumar V., Advocate) And:
State of Karnataka Through the Station House Officer, Sulibele Police Station, Bengaluru-560009.
Represented by The State Public Prosecutor, ... Petitioners Hon’ble High Court of Karnataka Bengaluru-560001.
(By Sri. Honnappa, HCGP) …Respondent This Criminal Petition is filed under Section 439 Cr.P.C praying to enlarge the petitioner on bail in Cr.No.73/2019 registered by Sulibele Police Station, Bengaluru District for the offence punishable under Sections 8(c) & 20(c)(ii)(A) of NDPS Act.
This Criminal Petition coming on for orders this day, the court made the following:-
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. The allegations against the petitioners, who are arraigned as accused nos.1 and 2 is that on 21.08.2019 the respondent-police received credible information that some persons are transporting the narcotic drugs in a motor cycle. In fact the police were intercepting the vehicles which are passing through the Chokkanahalli village. At about 11.30 a.m., they observed a motor cycle i.e, Activa Honda and when they intercepted the said vehicle, they found one person was trying to ran away from the spot, but he was caught. The accused nos.1 and 2, the petitioners herein were taken to custody. On enquiry, the police found a plastic bag containing 20 kgs 250 grams of ganja. Accordingly, they seized the said ganja and the motor cycle and lodged the first information report against the petitioners.
3. The learned High Court Government Pleader furnished the mahazar drawn in this particular case. The mahazar do not disclose in what form the ganja was recovered. But it is stated that it is wet ganja inside a plastic cover was seized. Though Gazetted Officer was secured to the spot, but it does not contain the name of the Gazetted Officer and what the Gazetted Officer has done.
4. It is brought to the notice of the court by the learned High Court Government Pleader that only 50 grams of ganja has been taken out and sent for FSL for examination. The circular No.1/88 issued by the Government of India discloses that the police or the investigating agency have to establish the commercial quantity of the NDPS recovered from the accused. For that purpose qualitative and quantitative analysis has to be made and FSL report has to be obtained within 15 days of recovery of the said article from the accused. It appears that the entire ganja has not been sent for the qualitative analysis in this particular case.
5. In the above said circumstances, I am of the opinion that the mandatory requirements of law has not been followed by the investigating agency. Hence in view of the above said circumstances, the rigor of Section 37 of NDPS Act may not be strictly applicable. Therefore, I am of the opinion that the petitioners are entitled to be enlarged on bail. Hence, the following :
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No. 73/2019 of Sulibele Police Station, registered for the offence punishable under sections 8(c), 20(C)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs.1,00,000/- (One Lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
Sd/- JUDGE sd