Karnataka High Court
Ankit Kumar vs Union Of India on 9 September, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:36597
CRL.P No. 7549 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7549 OF 2024
BETWEEN:
ANKIT KUMAR,
AGED ABOUT 21 YEARS,
S/O NAVLESH KUMAR,
PERMANENT ADDRESS:
R/O A-38, RAJIV NAGAR GALI,
KANTI FACTORY ROAD,
B.H.COLONY, PATNA,
BIHAR - 800 026.
PRESENT ADDRESS
R/O ROOM NO.302, CCN PG,
ST. MARY'S CHURCH ROAD,
KOTHANUR, NARAYANPURA,
NEAR KRISTUJAYANTI,
Digitally signed BENGALURU - 560 077,
by NANDINI MS
Location: High KARNATAKA.
Court of
Karnataka ...PETITIONER
(BY SRI. BALAKRISHNA BABURAO., ADVOCATE)
AND:
UNION OF INDIA,
NARCOTICS CONTROL BUREAU,
BANGALORE ZONAL UNIT,
THROUGH INTELLIGENCE OFFICER,
BENGALURU - 560 063.
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CRL.P No. 7549 of 2024
REPRESENTED BY CGSC FOR
NCB HIGH COURT,
BENGALURU.
...RESPONDENT
(BY SRI. RAJASHEKAR S., ADVOCATE)
THIS CRL.P. IS FILED U/S 439 OF CR.P.C., PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN SPL.C.C.NO.22/2024
(NCB F.NO.48/1/30/2023/BZU) REGISTERED BY THE
RESPONDENT PENDING ON THE FILE OF THE HONBLE XXXIII
ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.COURT FOR
NDPS CASES BENGALURU FOR THE OFFENCE P/U/S 8(c),
21(b), 22(b)(c), 23(b)(c), 27, 28 OF THE NDPS ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
The accused in Spl.C.C.No.22/2024 pending before the
Court of XXXIII Additional City Civil and Sessions Judge and
Special Judge (NDPS), Bengaluru, CCH-33, arising out of
NCB F.No.48/1/30/2023/BZU registered by Narcotics Control
Bureau, Bengaluru Zonal Unit for the offences punishable under
Sections 8(c), 21(b), 22(b)(c), 23(b)(c), 27 and 28 of Narcotic
Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for
short), is before this Court under Section 439 of Cr.PC.
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2. Heard the learned counsel for the parties.
3. The Officers of the Narcotics Control Bureau,
Bengaluru Zonal Unit, on receipt of a credible information that
a suspected consignment had arrived in the name of Shubhangi
Singh at Foreign Post Office, Chamrajpet, Bengaluru, had
constituted a team and had gone to the said post office at
Chamarajpete, Bengaluru and after revealing the identity, the
suspected consignment in the name of Shubhangi Singh, which
had shipped from Netherland, was opened in front of the
independent panchas and other officials and it was found that
the said consignment contained contraband articles viz., MDMA
pills, LSD blot papers and cocaine. The contraband articles
were seized under panchnama on 26.06.2023 and on the next
date i.e., on 27.06.2023, when the petitioner and the aforesaid
Shubhangi Singh arrived at Shivarama Karanth post office to
collect the dummy parcel, they were apprehended and
subsequently, the petitioner herein was produced before the
jurisdictional Court and remanded to judicial custody on
03.07.2023. After completion of investigation, complaint has
been filed against the petitioner herein for the aforesaid
offences. Bail application filed by the petitioner before the trial
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Court in Spl.CC No.22/2024 was rejected. Therefore, he is
before this Court.
4. Learned counsel for the petitioner submits that the
petitioner is an youngster, aged about 21 years. He is a
student, studying in final year BBA course in Bengaluru. He
has no criminal antecedents. He is in judicial custody from
03.07.2023. On health grounds, he was granted interim bail by
the trial Court earlier and he has not violated the bail
conditions. There is delay in compliance of Section 52A of
NDPS Act in the present case. Though the parcel was booked
in the name of Shubhangi Singh, charge sheet has been filed
only as against the petitioner. Accordingly, he prays to allow
the petition.
5. Per contra, learned counsel for the respondent has
opposed the petition and submits that commercial quantity of
contraband article has been seized in the present case. The
petitioner had booked the consignment in the name of
Shubhangi Singh and there are sufficient materials to connect
the petitioner to the alleged crime. He submits that since
commercial quantity of contraband article is involved in the
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present case, in view of Section 37(1)(b) of NDPS Act,
petitioner's prayer need to be rejected. In support of his
arguments, he has placed reliance on the judgments of the
Hon'ble Supreme Court in the case of State of Kerala & Ors.
Vs. Rajesh & Ors.1 and in the case of Babua @ Tazmul
Hossain Vs. State of Orissa2.
6. A perusal of the material on record would go to
show that the officers of Narcotics Control Bureau, Bengaluru,
had received a credible information that a suspected
consignment had arrived in the Foreign Post Office at
Chamarajpete, Bengaluru, in the name of Shubhangi Singh
containing contraband article. Therefore, the officers after
obtaining necessary permission from their higher officers, had
visited the above said post office and thereafter, had opened
the suspected consignment which was addressed to Shubhangi
Singh and had recovered 3.70 grams of MDMA Pills, 0.16 grams
of LSD Blot Papers and 3.35 grams of Cocaine. 0.16 grams of
LSD is considered as commercial quantity under the relevant
Notification issued under the provisions of NDPS Act. Though
seizure of the contraband article by the Officers under
AIR 2020 SC 721
(2001) 2 SCC 566
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panchnama was on 26.06.2023 itself, there is inordinate delay
in complying the requirement of Section 52(A) of NDPS Act.
The application under Section 52(A) of NDPS Act has been filed
in the present case before the jurisdictional Magistrate on
16.08.2023 after a period of nearly 50 days from the date of
seizure of contraband articles.
7. The material on record would go to show that the
petitioner was granted interim bail by the trial Court on health
ground. It appears that the petitioner who is a student,
studying in final year BBA had met with an accident and had
fractured his left leg and left hand. Therefore, he was operated
and steel rods were inserted. It is in this background, he was
granted interim bail by the trial Court for the purpose of
undergoing follow-up treatment. There is no complaint that the
petitioner has violated the bail conditions while he was on
interim bail. Though the consignment had arrived in the name
of Shubhangi Singh, after investigation, charge sheet has been
filed only as against the petitioner on the ground that the
petitioner has confessed that he had booked the consignment
in the name of Shubhangi Singh.
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8. The Hon'ble Supreme Court in the case of TOOFAN
SINGH VS STATE OF TAMIL NADU - (2021)4 SCC 1, has held
that confession statement made by the accused under Section
67 of the NDPS Act is not an admissible evidence. Since the
prosecution is primarily placing reliance on the confession
statement made by the petitioner herein to connect him to the
consignment which undisputedly had arrived in the name of
Shubhangi Singh who is not arrayed as an accused in the
present case and also since there is an inordinate delay of 50
days in complying with the requirement of Section 52A of the
NDPS Act, the rigour under Section 37(1)(b) of the NDPS Act,
cannot strictly made applicable to the case on hand. Therefore,
the judgment of the Hon'ble Supreme Court in Babua's case
supra and Rajesh's case supra, on which reliance has been
placed by the learned Counsel for the respondent cannot be
made applicable to the facts and circumstances of the present
case.
9. Undisputedly, petitioner who is aged 21 years has
no criminal antecedents. He is in custody from 03.07.2023. The
case before the Trial Court is still at the stage of hearing before
charge, and therefore, likelihood of the trial being completed in
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the immediate near future is remote. Therefore, I am of the
opinion that petitioner's prayer for grant of regular bail is
required to be answered affirmatively. Accordingly, the
following order:
10. The Criminal Petition is allowed. The petitioner is
directed to be enlarged on bail in Spl.CC No.22/2024 (NCB
F.NO.48/1/30/2023/BZU), registered by Narcotics Control
Bureau, Bengaluru Zonal Unit, for the offences punishable
under Sections 8(c), 21(b), 22(b)(c), 23(b)(c), 27 and 28 of
the NDPS Act, subject to the following conditions:
a. The petitioner shall execute a personal bond
for a sum of Rs.1,00,000/- (Rupees One Lakh
only) with two sureties, out of which, one
surety shall be local surety, for the likesum,
to the satisfaction of the jurisdictional Court;
b. The petitioner 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 petitioner shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
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d. The petitioner shall not involve in similar
offences in future.
SD/-
(S VISHWAJITH SHETTY)
JUDGE
PN
