Karnataka High Court
Supreeth S/O Seetal Kumar Navale vs The State Through Gandhi Gunj Ps Bidar on 25 April, 2017
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF APRIL, 2017
BEFORE
THE HON'BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.200531/2017
Between:
Supreeth
S/o Seetal Kumar Navale
Age: 23 years, Occ: Hotel Work
R/o Saath Gumaz Holi Katta
Muktampur, A-290/A
Kalaburagi
... Petitioner
(By Sri Nandkishore Boob, Advocate)
And:
The State through
Gandhi Gunj Police Station, Bidar
Now represented by the
Addl. SPP, High Court of Karnataka
Bench at Kalaburagi
... Respondent
(By Sri P.S. Patil, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to release the petitioner on bail in Crime
No.118/2016 of Gandhi Gunj Police Station (in Special Case
No.111/2016, pending on the file of Special Judge and
District and Sessions Judge at Bidar), which is registered for
the offences punishable under Section 328 of IPC and
2
Section 20(B) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 and also Section 27 of Drugs and
Cosmetics Act, 1940.
This petition coming on for Orders this day, the Court
made the following:-
ORDER
This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking regular bail in Crime No.118/2016 of Gandhi Gunj Police Station, Bidar, registered for the offences punishable under Sections 328 of IPC and Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and also Section 27 of Drugs and Cosmetics Act, 1940.
2. Brief facts of the case are that, on 23.08.2016 at about 2:00 p.m., PSI of Gandhi Gunj police station, Bidar has received a credible information that narcotic drugs being transported from Bidar-Chidri road to Irani Galli, Bidar in a Mahindra car bearing Reg.No.AP-09-BK-1947. Immediately, he secured the 3 independent panch witnesses along with his staff went near Irani galli at about 5:30 p.m., he stopped the car and there he noticed in the said car that Nitravet-10 tablets both tablets worth of Rs.38,642/- and 302 Corex bottles worth Rs.29,599.02 and 20kg Ganja worth Rs.20,000/-. They apprehended four persons and seized the said articles and a case has been registered in Crime No.118/2016.
3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.
4. The main grounds urged by the learned counsel for the petitioner are that, the police have not followed the procedure as contemplated under Section 19 of the NDPS Act. It is also contended that search and seizure has not been conducted in the presence of Gazetted Officer as contemplated under the law. It is further contended that the petitioner has not carried 4 more than commercial quantity. It is further contended that the investigating officer after filing the charge sheet has filed the application for destruction of 19 kg 500 gram Ganja out of 20 kg, which was seized in the said case and the said Ganja has been destroyed without following the procedures laid down under the law. It is further contended that the petitioner is having deep root in the society and he has got family to be nourished by him. Further, it is contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petition.
5. On the contrary, learned High Court Government Pleader appearing for the respondent-State would contend that earlier the petitioner has filed the bail application in Criminal Petition No.201288/2016 and this Court, by considering the material has rejected the bail petition on 09.12.2016. There are no new 5 grounds made out by the petitioner to release him on bail. He would also contend that there is prima facie material as against the petitioner and at this juncture if the petitioner is released on bail, he may abscond and he may not be available for trial. On these grounds, he prays for dismissal of the petition.
6. I have gone through copy of the complaint and other material produced along with the petition.
7. On perusal of the records, it reveals that some contraband articles have been seized from the car in which accused Nos.1 to 4 were travelling and the sample also has been taken from the seized articles and it has been sent to FSL for chemical examination. Be that as it may. By going through the material, it indicates that the large quantity of drugs and Corex and the Ganja has been seized by drawing the mahazar. Though the learned counsel for the petitioner would contend that the investigating officer has obtained the 6 order and got destroyed the ganja, but the said act might have been done as per the direction of the Apex Court which has been earlier issued in this behalf. When there is a prima facie material to show that the petitioner is involved in the alleged crime and only because the method adopted by the investigating officer is not in accordance with law and that the seizer is also not in accordance with law, on that ground now he is not entitled to be released on bail. It is the matter, which has to be considered and appreciated only at the time of trial.
Keeping in view the above facts and circumstances, the petition stands dismissed.
Sd/-
JUDGE LG