Karnataka High Court
Pranam Kotian vs The State Of Karnataka on 10 July, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2023:KHC:23688
CRL.P No. 4109 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 4109 OF 2023
BETWEEN:
PRANAM KOTIAN,
S/O. PREM KOTIAN,
AGED ABOUT 28 YEARS,
R/A NO.21/PLIV-79/2
HOIGE BAZAR,
PANDESHSWARA POST,
ATTAVARA - 573 118,
MANGALORE.
...PETITIONER
Digitally signed (BY SRI. MUZAFFAR AHMED, ADVOCATE)
by CHAITHRA P
Location: HIGH
COURT OF
AND:
KARNATAKA
THE STATE OF KARNATAKA,
REPRESENTED BY EXCISE P.S.
MANGALORE SOUTH-1,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI. R.D. RENUKARADHYA, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.40/2023
REGISTERED BY EXCISE POLICE STATION, MANGALURU
SOUTH-1, D.K. DISTRICT, FOR THE OFFENCE P/U/S
20(b)(ii)(A), 21(a), 25, 8(c) N.D.P.S. ACT, 1985 WHICH IS
PENDING BEFORE THE J.M.F.C. VI COURT, MANGALURU, D.K.,
DISTRICT.
-2-
NC: 2023:KHC:23688
CRL.P No. 4109 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent- State and perused the material on record.
2. F.I.R. No.40/2022-23/1506IE/150606 dated 14.04.2023 is registered against the petitioner on a complaint by the Excise Inspector, Mangaluru Sub Division-1, Magaluru, for the offence punishable under Sections 20(b)(ii)(A), 21(a), 25 and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. This petition is filed under Section 439 of Cr.P.C., to enlarge the petitioner on bail.
4. It is alleged that on 14.04.2023 the complainant/Excise Inspector received a credible information that the accused, a resident of Hoige Bazar, visits goods shed area in his Yamaha Motor Bike bearing registration No.KA-02-X-1197 for selling ganja. On taking down the said information in writing, the complainant -3- NC: 2023:KHC:23688 CRL.P No. 4109 of 2023 proceeded to the spot along with his staff and noticed the petitioner on a motor cycle with a laptop bag. While enquiring, petitioner ran away from the spot leaving the laptop bag and the motorcycle. On searching the bag, they found 52 grams of ganja kept in 4 plastic covers and 8.8 grams of Charas in another plastic cover and another cover containing LSD drug. The said contraband was seized under a mahazar.
5. It is contended by the learned HCGP that, petitioner has been identified by the complainant and others and while enquiring him, he has left the laptop bag and abandoned the motor cycle and fled away. He contends that the Police have verified the drug using a testing kit and weighed it with the help of a electrical weighing machine. He submits that there is a prima facie case against the petitioner and therefore, petitioner is not entitled for relief of bail.
6. The learned counsel for petitioner has contended that the entire allegations are false and the -4- NC: 2023:KHC:23688 CRL.P No. 4109 of 2023 petitioner is innocent of the alleged offence. He contends that the procedure contemplated under the NDPS Act has not been followed while conducting the search and seizure. Further, independent witnesses are also not taken to the spot. He contends that the seized contraband is not a commercial quantity and Section 37 is therefore not attracted. He contends that petitioner has no criminal antecedents and therefore, seeks to allow the petition.
7. According to prosecution, on 14.04.2023 on receiving a credible information that the petitioner, a resident of Hoige Bazar in Mangaluru, is involved in selling ganja, the first informant namely the Excise Inspector along with his staff went near Rosario School and noticed the petitioner with a laptop bag on a motor cycle. It is alleged that while enquiring with him, he left the backpack and the motor cycle and ran away from the spot. While proceeding to the spot independent panchas were not taken and the alleged contraband was not seized in the presence of panch witnesses. As per mahazar, 8.8 grams -5- NC: 2023:KHC:23688 CRL.P No. 4109 of 2023 of alleged Charas and 52 grams of ganja was recovered and LSD drug was also seized. It is relevant to see that the complainant is not sure about the LSD drug, on the other hand he has mentioned that it appeared like LSD drug. The weight of the said LSD drug is also not mentioned in the complaint. The Ganja and Charas alleged to have been seized is not a commercial quantity. The petitioner is said to have surrendered before the learned Magistrate on 25.04.2023. It cannot be said that, Section 37 of the NDPS Act is applicable to the case on hand. Petitioner has no criminal antecedents. Hence, by imposing necessary conditions, relief sought by the petitioner can be granted. Accordingly, the following:
ORDER Petition is allowed.
Petitioner/accused in F.I.R.No.40/2022-23/1506IE/ 150606, registered by the Excise Department, Mangaluru Sub Division-1, Mangaluru, shall be released on bail subject to following conditions: -6-
NC: 2023:KHC:23688 CRL.P No. 4109 of 2023
a) Petitioner shall execute a self bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
b) Petitioner shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is change in the address.
c) Petitioner shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge.
d) Petitioner shall not tamper with the prosecution witnesses either directly or indirectly.
e) Petitioner shall not indulge himself in committing any offence.
f) Petitioner shall co-operate with the investigation whenever called for.
g) Petitioner shall appear before the trial Court on all dates of hearing without fail.
Sd/-
JUDGE GPG List No.: 1 Sl No.: 51