IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 5454/2019 BETWEEN TSERING NORBU S/O KARMA NYAMGAL AGED 44 YEARS TIBETIAN BY COMMUNITY R/AT HOUSE NO.6 OLD CAMP NO.1 BYLAKUPPE VILLAGE PERIYAPATNA TALUK MYSORE – 571 107 (NOW IN JUDICIAL CUSTODY DISTRICT PRISON, MYSORE) ... PETITIONER (BY SRI. R. RANJAN KUMAR, ADVOCATE) AND STATE OF KARNATAKA BY BYLAKUPPE POLICE MYSORE – 571 107 REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU- 560 001.
…. RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.50/2019 OF BYLAKUPPE P.S., MYSURU FOR THE OFFENCE P/U/Ss 8, 20(a)(i) OF N.D.P.S ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The allegations in brief made against the petitioner is that, he has grown Ganja Plants in the land bearing Sy. No.43/1 situate at Bylakuppa Village, Periyapatna Taluk, Mysore District. In that context, on receiving a credible information, the respondent- Bylakuppe Police have visited the said place of the petitioner/accused and found that he has grown Ganja Plants in the said land. On examining the Ganja Plants, the police found that it was weighing 11.00 Kgs., including the stem, roots, leaves, etc. Therefore, the respondent-police registered a case against the petitioner for the offence punishable under Sections 8, 20(a)(i) of NDPS Act.
3. In the above said circumstances, even if it is accepted that the seized Ganja is weighing 11.00 Kgs., it falls within the Intermediate Quantity. Therefore, the rigor of Section 37 of the NDPS Act, is not applicable to this case. Hence, the petitioner is entitled to be enlarged on bail with certain conditions. Hence, the following order:
ORDER The petition is allowed. The petitioner/accused- Tsering Norbu shall be released on bail in connection with Crime No.50/2019 of Bylakuppe Police Station, Mysuru District, registered against him for the offence punishable under Section 8 & 20(a)(i) of NDPS Act, on the following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not tamper with the prosecution witnesses.
iii) The petitioner shall appear before the trial Court on all future hearing dates unless exempted for any genuine reasons by the Court.
v) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
Sd/- JUDGE KGR*