Abdul Sadiq vs State Of Karnataka
2022 Latest Caselaw 11301 Kant

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 8TH DAY OF AUGUST, 2022

                           BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

            CRIMINAL PETITION NO.6474 OF 2022

BETWEEN

ABDUL SADIQ
S/O IBRAHIM
AGED ABOUT 35 YEARS
R/AT B C ROAD
THALAPADI, BANTWALA
D K DISTRICT - 575 022                       ... PETITIONER

(BY SRI LETHIF B., ADVOCATE)

AND

STATE OF KARNATAKA
BY INSPECTOR OF EXCISE
MYSURU DIVISION
MYSURU
REP. BY SPP,
HIGH COURT BUILDING
BANGALORE - 560001                           ...RESPONDENT

(BY SRI KRISHNA KUMAR K.K., HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.137/2021-22-
75IE1/752604 REGISTERED BY EXCISE POLICE STATION,
MYSURU DIVISION, MYSURU FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 20(b), 20(b)(ii)(B), 25, 60, 8(C) OF N.D.P.S.
ACT.

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

This petition is filed by the petitioner-accused under

Section 439 of Cr.P.C., for granting regular bail in Crime

No.137/2021-22 registered by Excise Department, Mysuru

Sub-Division, Mysuru for the offences punishable under

Sections 20(b), 20(b)(ii)(B), 25, 60, 8(C) of N.D.P.S. Act.

2. Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader for

the respondent-State.

3. The case of the prosecution is that the suo-

moto complaint was registered by the Excise Department

on 23.05.2022 alleging that on the credible information,

they intercepted two wheeler vehicle bearing registration

No.KA-03-HT-3507 and the accused said to be found in

possession of 10 Kgs of ganja which was seized under the

panchanama in the presence of panchas. The accused

were arrested and remanded to the judicial custody. His

bail petition came to be rejected by the Special Court.

Hence, he is before this Court.

4. Learned counsel for the petitioner has

contended that the petitioner is in custody for almost more

than 60 days. The quantity of ganja is 10 Kgs which is

less than the commercial quantity and more than the

smaller quantity. The Police have not yet filed charge-

sheet. Therefore, even on the ground of non-filing of the

charge-sheet, he is entitled for statutory bail. Hence,

prayed for granting bail.

5. Per contra, learned High Court Government

Pleader seriously objected the bail petition and prayed for

dismissing the petition.

6. Having heard the arguments and on perusal of

the records, admittedly, the petitioner was apprehended

by the Police of Excise Department and seized 10,054 kgs

of ganja which is less than the commercial quantity. The

maximum punishment prescribed under Section 20(B) of

the NDPS Act is imprisonment for a term which may

extend to ten years and fine which may extend to one lakh

rupees. As per Section 167(2) of Cr.P.C., 60 days is

prescribed for filing the charge-sheet for the offences

punishable less than 10 years and 90 days for the offences

punishable with death or imprisonment of life minimum

sentence of 10 years. Of course, the petitioner was

apprehended on 23.05.2022 and as on 22.07.2022, he has

completed 60 days and 75 days, he is in custody. As per

the judgment of the Hon'ble Supreme Court in the case of

Rakesh Kumar Paul vs. State of Assam reported in

(2017) 15 SCC 67, this Court by following the said

judgment has granted bail to one of the accused in

Crl.P.No.7576/2021 C/w. Crl.P.No.8333/2021 dated

29.10.2021. Admittedly, the petitioner is in custody for

more than 75 days. The quantity of ganja is less than

commercial quantity. Therefore, Section 36(A)(4) of NDPS

Act will not attract in this case for filing the charge-sheet in

180 days. Therefore, I am of the view, for non-filing of the

charge-sheet, the petitioner is entitled for statutory bail.

Therefore, I pass the following

ORDER

Accordingly, criminal petition is allowed.

The trial Court is directed to release the petitioner-

accused on bail in Crime No.137/2021-22 registered by

Excise Department, Mysuru Sub-Division, Mysuru for the

offence punishable under Section 20(b), 20(b)(ii)(B), 25,

60, 8(C) of N.D.P.S. Act, subject to the following

conditions:

(i) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties for the likesum to the satisfaction of the trial Court;

(ii) Petitioner shall not indulge in similar offences strictly;

(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;

(iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court;

(v) Petitioner shall appear before the Investigating Officer once in 15 days on

every 2nd and 16th of the Calendar month between 10.00 a.m. and 4.00 p.m., for a period of three months till filing of the charge-sheet whichever is later.

Sd/-

JUDGE

GBB