Karnataka High Court
Sayed Nashath vs Union Of India on 22 February, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.4146/2021
BETWEEN:
SAYED NASHATH
S/O KOYAMMA KOYA
AGE ABOUT 22 YEARS
R/AT NEHA VILLA, PADANAKKAD
KASARGOD DISTRICT
KERALA - 671 314. ... PETITIONER
(BY MS. TARJANI DESAI, ADVOCATE FOR
SRI NARASAPPA M., ADVOCATE [THROUGH V.C])
AND:
UNION OF INDIA
BY NARCOTICS CONTROL BUREAU
REP. BY SPECIAL PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560001. ... RESPONDENT
(BY SRI MADHUKAR M. DESHPANDE, SENIOR CGSC)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
NCB.F.NO.48/1/06/2021/BZU REGISTERED BY N.C.B.,
BENGALURU ZONAL UNIT, FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 8, 22(c), 23(c), 27, 28 AND 29 OF N.D.P.S.
ACT.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS 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 in NCB.F.No.48/1/06/2021/BZU registered by Narcotics Control Bureau, Bangalore Zonal Unit, ('NCB' for short) for the offences punishable under Section 8(c) read with Sections 22(c), 23(c), 27, 27A, 28 and 29 of NDPS Act.
2. Heard the learned counsel for the petitioner and the learned Senior Central Government Standing counsel for the respondent-NCB.
3. The factual matrix of the case of the prosecution is that on 08.04.2021, the complainant has received the credible information over telephone from Aramex India Private Limited, Bengaluru that one parcel from Mangaluru having shipment airway bill No.(AWB) #30806899675 suspected to be containing narcotic drug and psychotropic substance. On receipt of the said credible information, the complainant, securing panchas and 3 staff members, went to the spot and seized 515 grams of white coloured crystalline substance from the said parcel and testing the same, it was positive for presence of amphetamine and the same was seized and mahazar was drawn invoking the offence under Section 8(c) read with Sections 22(c), 23(c), 27, 27A, 28 and 29 of NDPS Act. The police have investigated the matter and came to know that this petitioner has dispatched the said parcel through cricket thigh pad and involvement of this petitioner in the process of transporting the psychotropic substance came to light and hence, this petitioner has been arraigned as accused.
4. Learned counsel appearing for the petitioner would submit that this petitioner is a fruit vendor and investigation has been completed and he is in custody from 11 months i.e., from 13.04.2021. The counsel would also submit that the family is dependant on the petitioner and he also have a unmarried sister and once the investigation is completed, there is no need of further custodial trial. Hence, he may be enlarged on bail. 4
5. Per contra, Senior Central Government Standing Counsel for respondent-NCB would submit that this petitioner had indulged in supplying the narcotic drugs. Though at the first instance, it was found as amphetamine, after the seizure, the same was sent to FSL. On receipt of FSL report, it was noticed that it is a methamphetamine Hydrochloride. Apart from that, five other cases are registered against the petitioner and one among the same is registered under NDPS Act and other four cases are registered in Kerala invoking the offence under IPC and he had indulged in supplying the narcotic drugs to middle east countries. Merely because the investigation is completed, this Court cannot exercise the discretion and the very supply of narcotic drug and psychotropic substance affects the society at large and it is an offence against the society at large and there will be an impact on the society. Hence, the petitioner is not entitled for bail.
6. Having heard the respective counsel and also on perusal of the material available on record, it is seen that 515 grams of narcotic drug is seized which was in transit, based on 5 the credible information received by the respondent-NCB and the same is a commercial quantity. It is also the contention of the respondent-NCB that, at the first instance, though it was thought that the parcel contains amphetamine, but only after the receipt of FSL report, the complainant came to know that it was methamphetamine Hydrochloride. When such being the factual aspects and commercial quantity of narcotic drugs is seized and the offence is also against the society at large, it is not a fit case to exercise the discretion under Section 439 of Cr.P.C.
7. When the offence relating to narcotic drugs and psychotropic substance was inadequate to combat the menace in the society under IPC, the special enactment NDPS Act is brought into force to curb the trafficking of narcotic drugs and psychotropic substances. Here is a case of seizure of 515 grams of methamphetamine Hydrochloride and learned counsel for the petitioner would contend that when the investigation is completed, there is no need of custodial trial. Here is a case when the petitioner has involved in another NDPS case which is registered against him in Kerala and apart from that, there are 6 four other cases against the petitioner for the IPC offences. When such being the factual aspects and the prosecution is mainly relying upon Whatsapp chats and conversation and the petitioner has also indulged in trafficking of drugs to other countries and the same is also a heinous offence against the society at large, it is not a fit case to exercise the discretion under Section 439 of Cr.P.C. and mere filing of charge-sheet is not a ground to enlarge the petitioner on bail.
8. In view of the discussions made above, I pass the following:
ORDER The Criminal Petition is rejected.
Sd/-
JUDGE ST