Karnataka High Court
Anil Gharami vs The State Of Karnataka on 7 November, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2024:KHC-K:8148
CRL.P No. 201177 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 201177 OF 2024
[439(Cr.PC)/483(BNSS)]
BETWEEN:
ANIL GHARAMI S/O NITYANAND GHARAMI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O MV 66, 12 PT. GAMPAKUNDA,
KALIMELA,
DIST: MALKANGIRI, ORRISSA - 764045.
...PETITIONER
(BY SRI HANMANTHRAYA SINDOL, ADV.)
AND:
THE STATE OF KARNATAKA
Digitally signed THROUGH MANNALLI POLICE STATION,
by KHAJAAMEEN
L MALAGHAN REP. BY ADDL. STATE PUBLIC PROSECUTOR,
Location: HIGH
COURT OF HIGH COURT OF KARNATAKA,
KARNATAKA
KALABURAGI BENCH - 585103.
...RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BHARATIYA NAGRIK SURAKSHA SANHITA, 2023, PRAYING
TO ALLOW THE BAIL PETITION FILED BY THE PETITIONER /
ACCUSED NO.3, AND THE PETITIONER / ACCUSED NO.3, MAY
-2-
NC: 2024:KHC-K:8148
CRL.P No. 201177 of 2024
BE ENLARGED ON BAIL IN CRIME NO.40/2024 FOR THE
OFFENCE PUNISHABLE UNDER SECTION 20(b)(ii)(C) OF NDPS
ACT, OF MANNALLI POLICE STATION TQ & DIST: BIDAR,
PENDING BEFORE THE PRL. SESSIONS JUDGE & SPECIAL
JUDGE, BIDAR.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is seeking to enlarge him on bail in Crime No.40/2024 of Mannalli Police Station, Bidar district registered for an offence punishable under Section 20 (b)
(ii) (C) of the Narcotic Drugs And Psychotropic Substances Act, 1985.
2. It is the case of prosecution that on receiving a credible information that ganja is being illegally transported by the accused persons in a lorry and car, the complainant - Police Inspector of Gandhi Gunj Police Station, along with his staff and panchas went near Bhangur excise check post and kept a watch. They -3- NC: 2024:KHC-K:8148 CRL.P No. 201177 of 2024 noticed a lorry bearing Reg.No.CG-04/LU-5018 and a car bearing Reg.No.OD-30/E-0442 coming from Hyderabad. They intercepted both the vehicles and on inspection found that the accused persons had concealed 60 packets of ganja in 15 bags, totally weighing 305.56 kilograms valued at Rs.3,05,56,000/-.
3. Accused Nos.1 and 2 were in the lorry and accused Nos.3 and 4 were in the car bearing Reg.No.OD- 30/E-0442 which was following the lorry in which the ganja was concealed. The contraband and the vehicles have been seized under a mahazar in the presence of panchas. Petitioner is accused No.3. The investigation is pending. Petitioner hails from the state of Orissa. Since the investigation is still pending, it is not a fit case to enlarge the petitioner on bail.
4. Learned counsel for the petitioner submits that he may be permitted to file a fresh petition before the Sessions Court after completion of the investigation. -4-
NC: 2024:KHC-K:8148 CRL.P No. 201177 of 2024
5. In light of the above submission, petition is dismissed reserving liberty to the petitioner to file a fresh petition for bail before the Sessions Court after filing of the charge sheet.
Sd/-
(MOHAMMAD NAWAZ) JUDGE SWK List No.: 1 Sl No.: 10 CT: PS