Peter Johnson Anthony vs State Of Karnataka By
2022 Latest Caselaw 5984 Kant

                             1

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 04TH DAY OF APRIL, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE V.SRISHANANDA

            CRIMINAL PETITION NO.8874/2021


BETWEEN:

PETER JOHNSON ANTHONY
S/O ANTHONY
AGED ABOUT 29 YEARS,
RESIDING AT
C/O. NIRMALA
NO.110, SEENAPPA LAYOUT,
CHIKKABANASWADI
BENGALURU - 560 043
                                          ... PETITIONER

(BY SRI.K. VISHWANATHA., FOR SRI.CHANDRA
        KUMAREGOWDA H.N., ADVOCATE)

AND:

STATE OF KARNATAKA BY
SHO BANASWADI PS
BENGALURU CITY.

REPTD. BY GOVT. PLEADER,
HIGH COURT BUILDING,
BANGALORE - 560 001.
                                          ...RESPONDENT

(BY SRI. K.RAHUL RAI, HCGP)
       [
                                   2


     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.492/2021 REGISTERED BY
BANASWADI POLICE STATION, BENGALURU FOR THE
OFFENCE PUNISHABLE UNDER SECTION 22(b) OF N.D.P.S.
ACT, PENDING ON THE FILE OF XXXIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE
(NDPS), BENGALURU.
      [
      [[[




     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:-

                            ORDER

Heard Sri. K. Vishwanatha for Sri. Chandra

Kumaregowda H.N., learned counsel for the petitioner and

learned HCGP for respondent- State. Perused the records.

2. Petition under section 439 Cr.P.C. is filed for the

following reliefs:-

'WHEREFORE, the petitioner (Accused) prays that this Hon'ble court may be pleased to enlarge the petitioner on bail in Cr.No.492/2021 for the alleged offences punishable under sections 22(B) of NDPS Act 1985, pending on the file of the Hon'ble XXXIII Addl. City Civil and Sessions Judge (Spl. Judge) (CCH-33) Bengaluru in the above case, in the interest of justice."

3. The brief facts of the case are as under:

Upon a complaint/report filed by Sri. Satish H.S.,

Police Officer, Banasawadi Police have registered a case in

Crime No.492/2021 on 17.10.2021 for the offences under

sections 22(B) of The Narcotic Drugs and Psychotropic

Substances Act, 1985(for short 'N.D.P.S. Act').

4. In the complaint/report, it has been mentioned

that on 17.10.2021, when the complainant was on

patrolling duty alongwith Head constable Anand and

another head constable Santosh and others, he received a

credible information that near Kullappa circle on

Kamanahalli main road, behind Raidan hotel, on the public

road, somebody is selling the M.D.M.A which is a NDPS

substance. Accordingly, they proceeded to the spot by

forming a raid party. At about 9.30 a.m., when they

reached the said place, they spotted a person on suspicion

as per the credible information. The said person was a

foreigner and he had a plastic bag in his hand.

Immediately, they raided and on enquiry, they came to

know that the name of the said person is Peter Johnson

Anthony who is petitioner herein and the raid party was

able to seize 100gms of M.D.M.A narcotic substance from

the custody of the petitioner and therefore took him to

custody and seized the M.D.M.A and handed him over to

Banaswadi police.

5. After registering the case, the police are

investigating the matter.

6. Petitioner approached for grant of bail to the

Special Court in Crl.Misc.No.9127/2021. Learned Special

Judge by order dated 30th October 2021 rejected the bail

petition of the petitioner. Subsequent thereto, the

petitioner has approached this Court with a prayer for

grant of bail.

       7.         Learned          counsel         for     the         petitioner

Sri.        K.        Vishwanatha       representing           Sri.      Chandra

Kumaregowda vehemently contended that the petitioner is

innocent of the offences alleged against him. He also

contended that the petitioner is in custody from

17.10.2021 and continuation of the accused is no longer

necessary and sought for grant of bail.

8. Per-contra, learned HCGP opposes the bail petition

on the ground that the seized NDPS is commercial quantity

and therefore petitioner has to make out a reasonable

ground that he is not guilty of the offence punishable

under section 20(b) of NDPS Act, having regard to section

37 of the Act. He also contended that in the matter of this

nature, the courts are to be slow while exercising power

under section 439 Cr.P.C, inasmuch as, the powers are

conferred by section 37 of the Act and no case is made out

by the petitioner to grant the bail.

9. In view of the rival contentions, this Court

perused the materials on record meticulously.

10. It is settled principles of law that whenever the

investigating agency is able to seize commercial quantity

of the Narcotic and Psychotropic substances, it is section

37 which would act as a embargo for exercising the power

under section 439 Cr.P.C. Further, in the matter of this

nature, negation of bail is the Rule and grant is an

exception unlike other Indian Penal offences. So also, the

reasonable grounds that are to be made out by the

petitioner is something more and not mere contentions

urged on behalf of the petitioner.

11. In this regard, the trial court has bestowed its

attention and has relied on the judgment of the Hon'ble

Apex Court in the case of STATE OF MADHYA PRADESH v.

KAJAD reported in (2001) 7 SCC 673, BABUA @ TAZMUL

HOSSAIN v. THE STATE OF ORISSA reported in (2001) 2

SCC 566 and State of Kerala v. Rajesh reported in (2020)

12 SCC 122 and has rightly rejected the bail petition.

Charge sheet is yet to be filed in the case as per the

contentions of the petitioner. Therefore, exercising the

power vested in this Court under section 439 Cr.P.C, and

coupled with section 37 of the NDPS Act, this Court is of

the considered opinion that no case is made out by the

petitioner to grant the bail. Hence, this Court pass the

following:

ORDER

The Criminal Petition is rejected.

Sd/-

JUDGE

*mn/-