Karnataka High Court
Gubendra S vs The State Of Karnataka on 9 August, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:32003
CRL.P No. 7000 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7000 OF 2024
BETWEEN:
GUBENDRA S
S/O CHANDRA S
AGED ABOUT 22 YEARS
RESIDING AT NO.19/N
7TH CROSS, ASHWATHAPPA
LAYOUT, SUBBANNAPALYA
KAMMANAHALLI
BENGALURU - 560 043.
AND ALSO RESIDING AT
NO.601, 3RD A CROSS
HRBR LAYOUT, 1ST BLOCK
KALYANANAGAR
BENGALURU - 560 043.
...PETITIONER
(BY SRI A.S. KULKARNI, ADV.)
Digitally AND:
signed by
NANDINI MS
Location:
High Court THE STATE OF KARNATAKA
of Karnataka BY BANASWADI POLICE STATION
BENGALURU - 560 043
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE - 560 001.
...RESPONDENT
(BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE
THE PETITIONER ON BAIL IN BANASWADI P.S. CR.NO.659/2023
(SPL.C.C.NO.824/2024) FOR THE ALLEGED OFFENCE P/U/S
8(c),22(c) OF NDPS ACT ON THE FILE OF THE LEARNED XXXIII
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NC: 2024:KHC:32003
CRL.P No. 7000 of 2024
ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE
BENGALURU.
THIS PETITION, COMING ON FOR ORDEERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 in Spl.C.No.824/2024 pending before the Court of XXXIII Addl. City Civil & Sessions Judge and Special Judge (NDPS), Bengaluru arising out of Crime No.659/2023 registered by Banaswadi Police Station, Bengaluru City for the offences punishable under Sections 8(c) & 22(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.659/2023 was registered by Banaswadi Police Station, Bengaluru city against the petitioner herein and another for the aforesaid offences on the basis of first information dated 19.10.2023 received -3- NC: 2024:KHC:32003 CRL.P No. 7000 of 2024 from Sri Deepak R, Police Sub Inspector, Anti Narcotics Wing, Central Crime Branch, Bengalutu City. The petitioner was apprehended along with contraband articles allegedly MDMA crystal weighing 10.96 grams and LSD strips weighing 0.93 grams. The contraband articles seized from the possession of the petitioner was subjected to panchanama and thereafter the petitioner and the contraband articles were brought back to the Police Station and FIR in Crime No.659/2023 was registered against the petitioner and another, who allegedly had supplied contraband articles to the petitioner. The petitioner was subsequently produced before the jurisdictional Court and remanded to judicial custody on 19.10.2023 itself. Investigation in the case is complete and charge sheet has been filed against the petitioner and another for the aforesaid offences.
4. The bail application filed by the petitioner before the jurisdictional Sessions Court in -4- NC: 2024:KHC:32003 CRL.P No. 7000 of 2024 Crl.Misc.No.4368/2024 was dismissed on 18.06.2024. Therefore, he is before this Court.
5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that LSD strips have been weighed along with zip locker and therefore it is found to be of commercial quantity. He submits that accused No.2 in the present case is not yet arrested. Therefore, the trial is likely to be delayed in the present case. Accordingly, he prays to allow the petition.
6. Per contra, learned HCGP has opposed the petition. He submits that commercial quantity of contraband article has been seized in the present case from the possession of the petitioner. Therefore, in view of Section 37(1)(b) of the NDPS Act, the petitioner's prayer is liable to be rejected.
7. A perusal of report submitted by the first informant which had resulted in registering FIR in Crime No.659/2023 by Banaswadi Police Station, Bengaluru City for the aforesaid offences against the petitioner and -5- NC: 2024:KHC:32003 CRL.P No. 7000 of 2024 another would reveal that on receipt of credible information, the first informant, who is a police officer, along with staff and panch witnesses had raided the alleged spot, where the petitioner was making attempts to sell contraband article to the public. The raiding squad had apprehended the petitioner and from his possession they had allegedly seized 10.96 grams of MDMA crystal and 0.93 grams of LSD strips.
8. From a perusal of first information as well as charge sheet material that is made available to the Court it is seen that, there is no compliance of requirements of Section 42 of the NDPS Act in the present case. It is trite that compliance of Section 42 of the NDPS Act is mandatory and failure to do so would be fatal to the case of the prosecution.
9. In the chemical examination of the seized contraband articles the report forwarded by the FSL would go to show that the contraband article allegedly MDMA crystal has now tested positive to a drug known as -6- NC: 2024:KHC:32003 CRL.P No. 7000 of 2024 'Amphetamine' and as per the relevant notification, quantity of above 50 grams of drug known as 'Amphetamine' is considered as commercial quantity. Therefore, the seized drug 'Amphetamine' is of intermediate quantity. The other contraband article namely LSD strips weighing 0.93 grams appears to have been weighed along with the zip locker. The petitioner aged about 22 years who has no criminal antecedents is in custody from 19.10.2023. Accused No.2 has not been arrested till date. Though contraband article LSD strip, which totally weighed 0.93 grams along with zip locker is found to be of commercial quantity, since there is no compliance of Section 42 of the NDPS Act in the present case, the rigor under Section 37(1)(b) of the NDPS Act, cannot be made strictly applicable to the petitioner, aged about 22 years who has no criminal antecedents. He is said to be working as a Data Entry Operator in BBMP, Vasanthnagar Branch, Bengaluru. Under these circumstances, I am of the opinion that the prayer made -7- NC: 2024:KHC:32003 CRL.P No. 7000 of 2024 by the petitioner for grant of regular bail is required to be answered affirmatively.
10. Accordingly, the following:
ORDER The petitioner is directed to be enlarged on bail in Spl.C.No.824/2024 pending before the Court of XXXIII Addl. City Civil & Sessions Judge and Special Judge (NDPS), Bengaluru arising out of Crime No.659/2023 registered by Banaswadi Police Station, Bengaluru for the offences punishable under Sections 8(c) & 22(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions:
a) Petitioner shall execute a personal bond for 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) 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;-8-
NC: 2024:KHC:32003 CRL.P No. 7000 of 2024
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
Sd/-
(S VISHWAJITH SHETTY) JUDGE NMS