Karnataka High Court
Rajanikanth S/O. Ravindra Parida vs The State Of Karnataka on 19 October, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102881 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF OCTOBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102881 OF 2022
BETWEEN:
RAJANIKANTH S/O. RAVINDRA PARIDA
AGE. 21 YEARS, OCC. STUDENT,
R/O.BRAHMASAI, POST.BADANAVKONA
ATQ. RAJNAGAR, DIST. KENDRAPARA
STATE ORISSA
...PETITIONER
(BY SRI. SRINIVAS B NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH
THROUGH CEN POLICE STATION, HUBBALLI
DIST. DHARWAD-580011
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. R/W
37 OF NDPS ACT., SEEKING TO GRANT REGULAR BAIL TO THE
PETITIONER/ACCUSED NO.2 IN SPL.NDPS CC NO.7/2022 ON THE
FILE OF PRINCIPAL SESSIONS AND SPECIAL JUDGE, DHARWAD
(CRIME NO.91/2022)CEN P.S. HUBBALLI, FOR THE OFFENCES
PUNISHABLE U/S 20(b) (ii) (B) OF NDPS ACT 1985, R/W 34 OF
IPC.
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CRL.P No. 102881 of 2022
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused No.2 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.91/2022 of CEN Crime Police Station, Hubballi Dharwad City, registered for an offence punishable under Section 20(b)(ii)(B) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act', for brevity).
2. The case of the prosecution is that, one Raghavendra Gurl, Police Sub-Inspector, CEN Crime Police Station, Hubballi-Dharwad City has filed complaint stating that on 08.04.2022 at about 8:30am, the complainant along with his subordinates were on patrolling duty. When they were near Sarvodaya Circle, he received a credible information that at about 11:00 to 11:30am, some people are -3- CRL.P No. 102881 of 2022 bringing ganja in a vehicle bearing its registration No.KA-25/EF-2131 through Sarvodaya Circle to Bhavani Nagar road, Barakotri. The said complaint came to be registered in Crime No.91/2022 of CEN Crime Police Station Hubballi-Dharwad City. The complainant along with his staff went to the spot and stopped the bike of accused Nos.1 to 3 and they were found possessing ganja in a bag weighing 2126 grams and he seized the same under mahazar and arrested accused Nos.1 to 3. After investigation, charge-sheet has been filed against accused Nos.1 to 4 for the offence punishable under Section 20(b)(ii)(B) of NDPS Act and Section 34 of Indian Penal Code. The petitioner/accused No.2 who is in judicial custody had filed bail application in Spl.NDPS CC No.7/2022 and the same came to be rejected by the learned Principal Sessions and Special Judge, Dharwad, by order dated 28.07.2022. Therefore, the petitioner is before this Court seeking bail.
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3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent- State.
4. It would be the contention of the learned counsel for the petitioner that, accused No.3 was riding the motorcycle and accused Nos.1 and 2 were on the said motor cycle as pillion riders and this petitioner/accused No.2 only accompanied accused No.1 and he facilitated/joined accused No.1. It is his further submission that, in the certificate issued by the Magistrate, it is stated that the seized item contains dried ganja leaves, seeds and stems. It is his further submission that, the entire item will not come under the definition of 'Ganja' and at this stage, it cannot be said that the seized quantity is small or intermittent and merely because the petitioner is a resident of Orissa State, is not a ground to reject his bail petition. The petitioner is ready to furnish solvent surety. The petitioner is a -5- CRL.P No. 102881 of 2022 student if he is continued in the prison, he will come in contact with hardcore criminals and affect his educational career. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that the quantity of ganja seized from accused No.1 is 1072 grams and accused No.2 is 1052 grams which is more than the small quantity and less than the commercial quantity. The offences alleged against the petitioner is punishable with imprisonment for 10 years and fine of Rs.1,00,000/-. It is his further submission that the voluntary statement of this petitioner itself shows his involvement in possession and transporting ganja along with accused No.1. There is recovery of ganja along with other articles like mobile, motorcycle, cash, bag etc. It is his further submission that, this Court has rejected the bail petition of accused No.3 in Criminal Petition No.102310/2022 by order dated 07.09.2022. It is his further submission that, the -6- CRL.P No. 102881 of 2022 petitioner is a resident of Orissa State and if he is granted bail, he will flee from justice and it will be difficult for the State to secure his presence. It is his further submission that, accused No.4 is absconding and the police have to secure him. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge sheet records.
7. Accused Nos.1 to 3, when they were moving on the motorcycle bearing registration No.KA-25/EF-2131, were caught red handed by the complainant and his staff and they were possession ganja weighing 2126 grams. Accused No.3 was riding the said motorcycle and accused Nos.1 and 2 were sitting on the motorcycle as pillion riders. Ganja seized from the possession of accused persons is more than small quantity and less than the -7- CRL.P No. 102881 of 2022 commercial quantity. The offences alleged against the petitioners under Section 20(b)(ii)(B) of NDPS Act is provided with punishment of imprisonment which may extend to 10 years and fine of Rs.1,00,000/-. Merely because in the certificate issued by the Magistrate under Section 52(A)3 it is mentioned that the ganja produced before him consisted of dry ganja leaves, seeds and stem, it cannot be said that the seized ganja is of small quantity looking to the definition of ganja. The petitioner is a resident of Orissa State and if he is granted bail, he will flee from justice and will not be available for trail. The offences alleged against the petitioner/accused No.2 is heinous offence affecting the society at large. Hence, the petitioner has not made out any ground for grant of bail.
Accordingly, the criminal petition is dismissed.
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JUDGE kmv