Karnataka High Court
Sandesh C M vs Union Of India on 15 April, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:15155
CRL.P No. 1095 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 1095 OF 2024
BETWEEN:
SANDESH C.M
S/O MAHAVEER C.S
25 YEARS
R/AT PLOT NO.8, 2ND CROSS
JINA SANDESH NILAYA, TARUN
VIHAR, NARENDRA ROAD
DHARWAD - 580 005.
...PETITIONER
(BY SRI GANGADHARAPPA C.C, ADV.)
AND:
UNION OF INDIA
NARCOTICS CONTROL BUREAU
BANGALORE ZONAL UNIT
THROUGH INTELLIGENCE OFFICER
7/1 AND 2, PRIYANK VILLAS
Digitally signed
by PAVITHRA RAMANA GARDEN, KATTIGENAHALLI
N BAGLUR MAIN ROAD, POST AIR FORCE
Location: HIGH STATION, YELAHANKA, BANGALORE - 560 063
COURT OF
KARNATAKA (REPRESENTED BY LEARNED SPECIAL
PUBLIC PROSECUTOR)
...RESPONDENT
(BY SRI MALLANAGOUDA H, ADV.)
THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE HIM
ON BAIL IN NCB CR.NO.48/1/26/2023/BZU, BANGALORE, FOR
OFFENCE P/U/S 8(c) R/W 22(c), 23(c) AN D28 OF NDPS ACT, WHICH
IS PENDING IN SPL.C.C.NO.2915/2023, ON THE FILE OF THE
HONBLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR NDPS, BANGALORE.
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CRL.P No. 1095 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Accused no.2 in Spl.C.C.No.2915/2023 pending before the Court of XXXIII Addl. City Civil & Sessions Judge & Special Judge for NDPS, Bengaluru, arising out of NCB Crime No.48/1/26/2023/BZU for the offences punishable under Sections 8(c), 22(c), 23(c) & 28 of the Narcotic Drugs and Psychotropic Substances Act, is before this Court under Section 439 Cr.PC seeking regular bail.
2. Heard the learned Counsel for the parties.
3. Based on the credible information received by the Junior Intelligence Officer of NCB, Bengaluru Zonal Unit, FIR in NCB Crime No.48/1/26/2023/BZU was registered. In the report dated 20.06.2023 submitted by the first informant, it is averred that on 20.06.2023 at about 11.30 hours, he received a credible information that one speed post parcel sent from Coimbatore destined to Electronic City Sub-Post Office Phase-I, Bengaluru, contained narcotic drugs. After reducing the information into writing and submitting the same to his higher officer, the first informant along with his team had visited the -3- NC: 2024:KHC:15155 CRL.P No. 1095 of 2024 Sub-Post Office in Electronic City, Bengaluru, and the suspected consignment was secured and opened in front of the panchas and it was found that it contained 24 numbers of ganja gummies. The said consignment was addressed to Prateek Thakur. During interrogation, the said Prateek Thakur had made a statement that contraband article LSD was sent by Gaurang Shukla in the name of the petitioner herein from Coimbatore. Based on the said information, the consignment which was addressed to Sandesh who is the petitioner herein, was traced in the Sub-Post Office at Dharwad and was intercepted. When the said consignment was opened, it was found that the said consignment contained 0.55 grams of LSD blotters. Subsequently, the petitioner was secured and after recording his statement, he was arrested and produced before the jurisdictional police. Investigation in the case was completed and charge sheet is filed and the petitioner herein is arrayed as accused no.2 in the charge sheet. Bail application filed by the petitioner before the Trial Court in Crl. Misc. No.12651/2023 was rejected on 18.01.2024. Therefore, he is before this Court.
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4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner was absolutely not aware of the contents of the consignment which was sent in his name. He submits that accused no.5 had sent the consignment which was forwarded by accused no.4 to the address given by accused no.5. He submits that the petitioner has no criminal antecedents. Investigation in the case is completed and charge sheet has been filed. There is a delay of more than 1 1/2 months in complying with the requirement of Section 52A of the NDPS Act. He, accordingly prays to allow the petition.
5. Per contra, learned Counsel appearing for the respondent has seriously opposed the petition. He submits that commercial quantity of contraband article is seized from the consignment addressed to the petitioner. In view of Section 37(1)(b) of the NDPS Act, since commercial quantity of contraband article is involved, the bail petition is liable to be rejected.
6. The material on record would go to show that initially credible information was received by the first informant about a consignment that had arrived at Electronic City Sub-Post Office, -5- NC: 2024:KHC:15155 CRL.P No. 1095 of 2024 Bengaluru, which was addressed to accused no.1. From the said consignment, undisputedly small quantity of ganja gummies was seized. Based on the voluntary statement of accused no.1 who allegedly had revealed that a consignment was also forwarded by accused no.4 in the name of petitioner herein, the said consignment was tracked and traced at Dharwad and from the said consignment, allegedly 0.55 grams of LSD blotters were seized. Undisputedly, the contraband article LSD seized from the consignment which was addressed in the name of petitioner, is of commercial quantity. However, it is the specific case of the petitioner that he was not aware of contents of the consignment, which was booked in his name by accused no.5 through accused no.4.
7. The material on record would go to show that accused no.4 had booked as many as 24 consignments from Coimbatore to different addresses. Accused no.1 is one such addressee. There is nothing on record to show that the petitioner was aware of the contents of the consignment which was forwarded in his name by accused no.4 at the request of accused no.5 who had booked the consignment in the name of petitioner herein.
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8. Petitioner is in custody from 23.06.2023 onwards. Undisputedly, the petitioner has no criminal antecedents. The material on record would go to show that there is a delay of more than 1 1/2 months in complying with the requirement of Section 52A of the NDPS Act in respect of the contraband article allegedly seized from the consignment which was addressed in the name of the petitioner herein. Since there is no prima facie material available on record to show that the petitioner was aware of the contents of the consignment which was addressed in his name, which was undisputedly booked in the name of petitioner by accused no.5 and also having regard to the fact that the petitioner does not have any antecedents of similar nature, I am of the view that the rigor under Section 37(1)(b) of the NDPS Act cannot be made strictly applicable as against the petitioner who is an youngster aged about 25 years.
9. Investigation in the case is completed and charge sheet has been filed. The allegations made against the petitioner is required to be proved by the prosecution in a full-fledged trial. Under the circumstances, I am of the opinion that the prayer -7- NC: 2024:KHC:15155 CRL.P No. 1095 of 2024 made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:
10. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.C.No.2915/2023 pending before the Court of XXXIII Addl. City Civil & Sessions Judge & Special Judge for NDPS, Bengaluru, arising out of NCB Crime No.48/1/26/2023/BZU for the offences punishable under Sections 8(c), 22(c), 23(c) & 28 of the Narcotic Drugs and Psychotropic Substances Act, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties 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;-8-
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d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE KK