Karnataka High Court
Safiruddin @ Sheru vs The State Of Karnataka on 5 January, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.9809/2021
BETWEEN:
SAFIRUDDIN @ SHERU
AGED ABOUT 30 YEARS
S/O NOORUDDIN
R/AT NO.17, 23 AND 25TH CROSS
EWS QUARTERS, KORAMANGALA
BENGALURU-560034. ... PETITIONER
(BY SRI PRABHUGOUD B. TUMBIGI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY ASHOKNAGAR POLICE STATION
BENGALURU CITY
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU-560001. ... RESPONDENT
(BY SRI KRISHNA KUMAR., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.181/2021 OF ASHOKNAGAR POLICE STATION,
BENGLURU CITY, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 8C, 22C OF NDPS ACT.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS
'THROUGH VIDEO CONFERENCE' 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/accused No.2 in Crime No.181/2021 of Ashok Nagar Police Station, Bengaluru, for the offences punishable under Sections 8(c), 20(ii)(B) & 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' for short).
2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.
3. The factual matrix of the case is that on 13.08.2021 at about 10:30 a.m, a credible information was received that two persons are selling the ganja, LSD strips and MDMA ecstasy tablets to the public and college students. Based on the credible information, permission was obtained and panchas were secured and apprehended those two persons and found 1 Kg 200 grams of ganja, 18-LSD strips weighing 0.21 grams and 6 MDMA 3 ecstasy tablets. Based on the complaint, a case has been registered for the offences punishable under Sections 8(c), 20(ii)(B) & 22(C) of the NDPS Act.
4. The learned counsel appearing for the petitioner would submit that this petitioner is in custody from August 2021 and he is an auto driver and not complied the mandatory provisions of Sections 50 and 51 of the NDPS Act. Apart from that, no specific averment is made with regard to the quantum in the complaint, only in the mahazar, the quantity is mentioned and where the same was kept is not mentioned except stating that in the motorcycle and almost investigation has been completed. Hence, the petitioner may be enlarged on bail.
5. Per contra, the learned High Court Government Pleader appearing for the State would submit that this petitioner along with accused No.1 were apprehended along with the narcotic substances viz., 1 Kg 200 grams of ganja, 18-LSD strips weighing 0.21 grams and 6 MDMA ecstasy tablets. Hence, there is a prima facie case and yet to complete the investigation. 4
6. Having considered the submissions of the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader appearing for the State and also on perusal of the materials seized at the instance of this petitioner i.e., 1 Kg 200 grams of ganja, 18-LSD strips weighing 0.21 grams and 6 MDMA ecstasy tablets and having taken note of the fact that this petitioner is in custody from August 2021 and yet to file the charge sheet and custodial investigation is not required. No other criminal antecedents against the petitioner. Hence, it is a fit case to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-
ORDER The Petition is allowed. Consequently, the petitioner/accused No.2 shall be released on bail in Crime No.181/2021 of Ashok Nagar Police Station, Bengaluru, for the offences punishable under Sections 8(c), 20(ii)(B) & 22(C) of the NDPS Act, subject to the following conditions: 5
(i) The petitioner/accused No.2 shall execute personal bond for a sum of Rs.2,00,000/-
(Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner/accused No.2 shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner/accused No.2 shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioner/accused No.2 shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against him is disposed of.
Sd/-
JUDGE cp*