Karnataka High Court
Sri Syamdas V H vs State Of Karnataka on 21 January, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE H.P. SANDESH
CRL.P.NO.206/2022
BETWEEN:
SRI SYAMDAS V H
AGED ABOUT 21 YEARS
S/O HARIDASAN
PRESENTLY RESIDING AT NO.5, 4TH FLOOR
VARAHA NILAYA
6TH CROSS 3RD MAIN
VENKATAPURA KORMANGALA
BANGALORE-34.
...PETITIONER
(BY SRI.RUDRABHUSHAN.C.B., ADV.)
AND:
STATE OF KARNATAKA
BY MADIVALA POLICE STATION
BENGALURU
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560001.
...RESPONDENT
(BY SRI.KRISHNA KUMAR.K.K, HCGP)
2
THIS CRL.P FILED U/S 439 CR.P.C. PRAYING TO ENLARGE
THE PETITIONER ON BAIL IN CR.NO.178/2021 OF MADIVALAL P.S.,
BENGALURU CITY FOR THE OFFENCE P/U/S 8C, 22C, 20(ii)(b) OF
NDPS ACT AND SEC.14 OF FOREIGNERS ACT PENDING BEFORE III
A.C.M.M BENGALURU.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C seeking regular bail of the petitioner in Crime No.178/2021 of Madivala Police Station, Bengaluru for the offences punishable under Sections 8C, 22C, 20(ii)(b) of NDPS Act and Section 14 of Foreigners Act.
2. Heard the counsel for the petitioner and also the counsel appearing for the State.
3. The factual matrix of the case is that on 04.12.2021 the complainant received credible information and based on the credible information that Narcotic drugs is being sold to I.T. Employees, College Students and local public, totally five accused persons had been 3 apprehended and recovery was made to the extent of 27 grams of MDMA Crystal, 0.19 grams of LSD, 2 kgs 300 grams of ganja. The narcotics MDMA and LSD are commercial quantity, which are seized from the custody of the accused persons.
4. The counsel for the petitioner would submit that the petitioner is a student and he is aged about 21 years and there are no criminal antecedents and this petitioner was apprehended on the very same day and from that day he has been in custody and there is no need of custodial interrogation and hence he may be enlarged on bail.
5. Per contra, learned High Court Govt. Pleader appearing for respondent would contend that the extent of 27 grams of MDMA Crystal, 0.19 grams of LSD, 2 kgs 300 grams of ganja was seized. The narcotics MDMA and LSD are commercial quantity seized from the custody of 4 this petitioner and other accused persons, and the quantum of LSD seized is commercial quantity. Since the other accused have absconded, hence custodial investigation of this petitioner is necessary.
6. Having heard the arguments of counsel for the petitioner and also the counsel appearing for the State, this Court should examine whether it is a fit case to exercise jurisdiction under Section 439 of Cr.P.C. and taking note of the material on record that at the instance of the petitioner an extent of 27 grams of MDMA Crystal, 0.19 grams of LSD, 2 kgs 300 grams of ganja was seized. The narcotics MDMA and LSD are commercial quantity seized at the instance of the petitioner. Narcotic drugs is a menace to the society and in order to combat the said menace the said enactment is brought into force and also the allegation is that this petitioner along with other accused persons are peddlers in narcotic drugs, which is a threat to the society, particularly, the students 5 and public. When such is the allegation against the petitioner and when the suppliers are not secured, I am of the opinion, this is not a fit case to invoke Section 439 of Cr.P.C. at this juncture unless investigation is completed. When commercial quantum is involved and is seized, I do not find it a fit case to enlarge the petitioner on bail at this juncture.
7. In view of the same, I pass the following :
ORDER Bail petition is rejected. However, opportunity is given to the petitioner to approach the Court after charge sheet is filed.
Sd/-
JUDGE NG*