The Karnataka High Court has denied bail in case of commercial quantity of ganja observing that accused had real knowledge of possession of the substance.
The single-judge bench of Justice Mohammad Nawaj was deciding a bail application for offences punishable under Sections 8(c) read with Section 20(b)(ii)(C), 23, 27(A), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985
Brief Facts of the Case
Petitioner has filed a bail petition praying to enlarge him on bail in a case related to NCB (Narcotics Control Bureau) in an offence of trafficking ganja which contained 93.8 kg of
ganja in jute bags was found in a transport truck underneath the coconut bags while transporting the loads of coconut.
The petitioner had approached the court seeking similar prayer in another petition which was dismissed.
The petitioner contended that the earlier petition was dismissed as the investigation at that stage was pending, but now as the investigation is over and other material is ready including the FSL report, the petitioner therefore be enlarged on bail. Further, he added that the owner-cum-driver of the truck did not have the knowledge of ganja which was found in his truck and contended that there is a non- compliance of Section 42 of NDPS Act, as the search and seizure was carried out during night hours on a private vehicle, which violates Section 42 and 43. The petitioner contended that no analysis by separation of the seeds, stems, buds and flowers etc, has been carried out and therefore it cannot be said that the quantity of the ganja seized is commercial quantity. It was further contended that the prosecution has nowhere alleged that the petitioner was engaged in
financing illicit traffic or harbouring the offenders, therefore Section 27A of the NDPS Act is also not applicable.
The respondent contended that the court has already rejected the prayer of the petitioner and there are no other circumstances to consider the bail again and added that the court has observed that an information report under Section 42 of the NDPS Act was prepared and forwarded to the superior officer prior to conducting seizure. The respondent also contended that the procedures contemplated under law for search and seizure was strictly followed and there was sufficient material to show that the petitioner was involved in a serious offence of trafficking ganja weighing 93.8 and therefore there is a prima facie case against the petitioner and contended that Section 37 of NDPS Act restrict grant of bail to a person against whom there is a prima facie case. He therefore seeks to reject the petition.
High Court's Observation
The Bench concluded that the accused has been found transporting ganja in his vehicle and at this stage, the material collected is enough to prove that he had real knowledge of the nature of substance concealed in the jute bags beneath the load of coconuts. Hence, considering everything above, the court is of the considered view that prima facie case is made out against the petitioner and it cannot be said at this stage that there are reasonable grounds for believing that the petitioner is not guilty of the offence alleged against him. Hence, Criminal petition dismissed.
Case Title: Zakir Hussain v. State
Citations: Criminal Petition no . 2612 of 2022
Coram: Hon’ble Justice Mohammad Nawaz
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