Karnataka High Court
Syed Sadiq vs State Of Karnataka on 4 May, 2023
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CRL.P No. 3825 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 3825 OF 2023
BETWEEN:
SYED SADIQ,
S/O LATE SYED PEER,
AGED ABOUT 30 YEARS,
MECHANIC BY N,
R/AT N S THITTU, HUNSUR TALUK,
MYSORE DISTRICT - 571 105.
...PETITIONER
(BY SRI. LETHIF B, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY HUNSUR RURAL POLICE STATION,
Digitally signed
by RAMYA D REPRESENTED BY SPP,
Location: High
Court of HIGH COURT BUILDING,
Karnataka BANGALORE - 560 001.
...RESPONDENT
(BY SRI. R D RENUKARADHYA, HCGP)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.93/2023 OF
HUNSUR RURAL POLICE STATION, MYSURU DISTRICT, FOR
THE OFFENCE UNDER SEC. 20(b) OF NDPS ACT, PENDING
BEFORE PRINCIPAL DISTRICT AND SESSIONS JUDGE MYSURU.
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CRL.P No. 3825 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard on bail application. On the basis of the complaint lodged by one Ravi H.S. P.S.I., Hunsur Rural Police have registered a case in Crime No.93/2023 against the accused for the commission of offences punishable under Section 20(b) of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act' for short).
2. The brief facts of the prosecution case is that on 22.03.2023 at about 8.00 a.m., the police have received credible information as to the selling of ganja leaves near bus stop at Vinoba Colony then the PSI and his staff rushed to the spot and found accused who was having 3 kgs. of dry ganza leaves. Hence, the police have arrested the accused and seized 3 kgs. of ganza under mahazer. Thereafter, they have registered the case.
3. Learned counsel for the petitioner/accused submitted his argument that as per complaint, the entry made in the general dairy soon after the information is received but -3- CRL.P No. 3825 of 2023 the FIR indicates the general dairy entry is at about 10.45 AM itself creates doubt about the case of the prosecution.
4. The Investigating Officer has not complied the mandatory provision of Sections 42, 43 and 50 of NDPS Act. A perusal of the remand application, it reveals that the quantity of seized ganza is 3 kgs. including dry leaves. At this stage, there is no material to show that the Investigating Officer has complied the mandatory provisions of Sections 42, 43 and 50 of NDPC Act.
5. Considering the nature and gravity of offences and quantity of ganza seized, it is just and proper to release the petitioner on bail with conditions.
6. Hence, I proceed to pass the following:
ORDER i. The bail application filed under Section 439 of Cr.P.C., is allowed.
ii. The petitioner/accused shall execute a personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Court.
iii. The petitioner/accused shall be released on bail in Crime No.93/2023 of Hunsur Rural Police Station.-4- CRL.P No. 3825 of 2023
iv. The petitioner/accused shall not tamper the prosecution witnesses in any manner.
v. The petitioner/accused shall not commit similar offences.
vi. The petitioner/accused shall assist the Investigating Officer for investigation, if required.
vii. The petitioner/accused shall not leave the jurisdiction of the Mysuru District without prior permission.
Sd/-
JUDGE KA CT: BHK