Karnataka High Court
Satisha vs The State Of Karnataka on 7 December, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:44395
CRL.P No. 11274 of 2023
C/W CRL.P No. 11197 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.11274 OF 2023
C/W
CRIMINAL PETITION NO.11197 OF 2023
IN CRL.P. NO.11274 OF 2023
BETWEEN:
1. SATISHA
S/O. NAGANNA,
AGED ABOUT 27 YEARS,
R/AT NAGATIHALLI VILLAGE,
HULIYURUDURGA HOBLI,
KUNIGAL TALUK,
TUMKUR DISTRICT - 560 103.
2. DEEPAK H.G.
S/O. GOVINDA,
AGED ABOUT 22 YEARS,
R/AT ANTHAHALLI ROAD,
Digitally signed HALEPETE, HULIYURUDURGA,
by SHYAMALA HULIYURUDURGA HOBLI,
KUNIGAL TALUK,
Location: HIGH TUMKUR DISTRICT - 560 103. ... PETITIONERS
COURT OF
KARNATAKA (BY SRI LOKESHA M.Y., ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY THE POLICE OF
C.E.N. CRIME POLICE STATION,
TUMKUR - 572 101
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
HIGH COURT, BENGALURU - 01. ... RESPONDENT
(BY SRI RAHUL RAI K., HCGP)
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NC: 2023:KHC:44395
CRL.P No. 11274 of 2023
C/W CRL.P No. 11197 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO PASS AN ORDER,
ENLARGING THEM ON BAIL, IN CR.NO.39/2023 OF TUMAKURU C.E.N.
CRIME POLICE STATION, TUMAKURU, FOR THE OFFENCES P/U/S
20(b)(ii)(C) OF NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES ACT 1985, PENDING BEFORE THE PRINCIPAL DISTRICT
AND SESSIONS JUDGE, TUMAKURU.
IN CRL.P. NO.11197 OF 2023
BETWEEN:
SALMAN
S/O. SHAIFI
AGED ABOUT 30 YEARS,
R/AT 1ST MAIN, ROAD,
RAJIVGANDHINAGARA,
TUMAKURU CITY - 572 103. ... PETITIONER
(BY SRI SHARATH KUMAR G.M., ADVOCATE)
AND:
STATE BY CEN CRIME POLICE
TUMKURU REPRESENTED BY SPP
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001. ... RESPONDENT
(BY SRI RAHUL RAI K., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.39/2023 OF TUMAKURU CEN CRIME
POLICE STATION, TUMAKURU, FOR THE OFFENCES P/U/S
20(b)(ii)(C) OF NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES ACT 1985, PENDING BEFORE THE PRINCIPAL DISTRICT
AND SESSIONS JUDGE, TUMAKURU IN SPL.C.NO.670/2023.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:44395
CRL.P No. 11274 of 2023
C/W CRL.P No. 11197 of 2023
ORDER
Accused Nos.2 to 4, in Special Case No.670/2023
pending before the Court of Prl. District & Session Judge
and Special Court, Tumakuru, arising out of Crime
No.39/2023 registered by C.E.N. Crime Police Station,
Tumakuru, Bengaluru, for offence punishable under
Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (hereinafter referred to as "NDPS Act
1985" for short) are before this Court seeking regular bail
under Section 439 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. On receipt of the credible information that in
the stationed car bearing No.KA06 N5438, four persons
were sitting and speaking in a suspicious manner, the
complainant who is the Assistant Sub-Inspector of police,
C.E.N. Crime Police Station, Tumakuru along with staff had
raided the spot where the aforesaid car was parked and
four persons who were sitting inside the car were
apprehended. On enquiry, they revealed their names are,
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Venkatesh, Satish, Deepak and Salman. From their
possession, 21 kg. 885 grams of contraband article which
was kept by them in small packets and hidden in the car
at different places was allegedly seized. The seized
contraband article and the apprehended accused were
brought to the police station on 16.03.2023 and FIR in
Crime No.39/2023 was registered for offence punishable
under Section 20(b)(ii)(C) of the NDPS Act, 1985. They
were subsequently produced before the jurisdictional Court
and were remanded to judicial custody on 17.03.2023.
The investigation in the case is completed and charge
sheet has been filed. Their bail applications filed before
the Court of Prl. District & Sessions Judge, Tumakuru in
Crl.Misc.Nos.1412/2023 and 1430/2023 respectively came
to be rejected. Therefore, they are before this Court
under Section 439 of Cr.P.C.
4. Learned counsel for the petitioners submits that
the petitioners have no criminal antecedents and they are
in custody since 16.03.2023 and 17.03.2023 respectively.
NC: 2023:KHC:44395
Investigation in the case is completed. Section 50 of the
NDPS Act, prima facie, is not complied in the present case.
Accordingly, they pray for allowing these petitions.
5. Learned HCGP has opposed the bail applications
on the ground that commercial quantity of contraband
article is seized.
6. The material on record would go to show that
on receipt of credible information, the police had
conducted a raid and arrested the accused persons and
from their possession 21 kg. 885 grams of contraband
article allegedly ganja was seized, which were packed in
41 small packets and hidden in the car in different places.
The perusal of the seizure mahazar would go to show that
in addition to the aforesaid 21 kg. 885 grams of
contraband article, the person of the accused was
searched and their mobile phones were seized. The
compliance of requirement of Section 50 of the Act
therefore, becomes mandatory in view of the judgment of
the Hon'ble Supreme Court in the case of S.K.Raju alias
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Abdul Haque alias Jagga [(2018) 9 SCC 708], wherein,
cash was recovered for the personal search of accused and
therefore the Hon'ble Supreme Court has observed that
compliance of Section 50 of the Act was necessary. Even in the
present case, there is certain recovery from the person of
accused persons. In addition to the same, perusal of the
recovery mahazar and the charge sheet would show that the
seized contraband article, allegedly includes leaves, stem and
flowers and therefore, a serious doubt also arises as to
whether the seized contraband article can be considered as
ganja within the meaning of Section 2(iii)(b) of the Act.
Undisputedly, the petitioners have no similar antecedents
against them. Investigation in the case is completed and
charge sheet has been filed and the accused are in judicial
custody since 16.03.2023 and 17.03.2023 respectively.
Under the circumstances, I of the opinion that the accused
Nos.2 to 4 have made out a case for grant of regular bail.
Accordingly, I pass the following:
ORDER
The petitions are allowed.
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The petitioners/accused Nos.2 to 4 are directed to be
enlarged on bail in Crime No.39/2023 registered by registered
by C.E.N. Crime Police Station, Tumakuru, Bengaluru, for
an offence punishable under Section 20(b)(ii)(C) of the
Narcotic Drugs and Psychotropic Substances Act, 1985, subject
to the following conditions:
a) The petitioners shall execute
personal bond for a sum of Rs.1,00,000/-
(Rupees One lakhs only) with one surety for
the likesum, to the satisfaction of the
jurisdictional Court;
b) The petitioners shall appear
regularly on all the dates of hearing before
the Trial Court unless the Trial Court
exempts his appearance for valid reasons;
c) The petitioners shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioners shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case
registered against him is disposed off.
e) Petitioner shall not involve in
similar cases in future.
Sd/-
JUDGE
S*
