Karnataka High Court
Mr. Saravanakumar M vs State By The Inspector Of Customs on 11 December, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:44846
CRL.P No. 11331 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11331 OF 2023
BETWEEN:
MR. SARAVANAKUMAR M
S/O MADASWAMY
AGED ABOUT 37 YEARS
R/AT NO. 36A, BHARATHIDASAN
STREET, NEHRU NAGAR
VELACHERRY, CHENNAI
TAMIL NADU - 600 042.
...PETITIONER
(BY SRI RAJANNA B.C, ADV.)
AND:
STATE BY THE INSPECTOR OF CUSTOMS
CUSTOMS INTELLIGENCE UNIT (CIU)
AIRPORT AND AIR CARGO COMPLEX
BENGALURU - 560 300
REPTD BY SPECIAL PUBIC PROSECUTOR
Digitally signed HIGH COURT COMPLEX
by B A KRISHNA
KUMAR BENGALURU 560 001.
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA
(BY SRI RANGASWAMY R, ADV., FOR
SRI CHIDHANAND KULKARNI, ADV.)
THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN SPL.CASE NO.1802/2022 O. NO.62/2021-22
OF THE INSPECTOR OF CUSTOMS INTELLIGENCE UNIT (CIU)
AIRPORT AND AIR CARGO COMPLEX, BENGALURU 560 300 FOR THE
ALLEGED OFFENCE P/U/S 8(c),22,23,28,29 OF NDPS ACT WHICH IS
PENDING ON THE FILE OF XXXIII ADDL.CITY AND SESSIONS JUDGE
AND SPL.JUDGE (NDPS) BENGALURU.
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NC: 2023:KHC:44846
CRL.P No. 11331 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Accused No.2 in Spl.C.C.No.1802/2022 pending before the Court of XXXIII Addl. City Civil and Sessions Judge and Special Court for NDPS Cases, Bengaluru arising out of O.No.62/2021- 22 dated 15.02.2022 on the complaint of the Inspector of Customs, Customs Intelligence Unit (CIU), Airport & Air Cargo Complex, Bengaluru, for the offences punishable under Sections 8(c), 23, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is before this Court under Section 439 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. It is the case of the prosecution that complainant, who is the Customs Officer had received credible information on 15.02.2022 that there are concealments in two shipments, which were lying in the office of M/s. Fedex Express Transportation and Supply Chain Services India Pvt. Ltd., bearing tracking No.775141235765 dated 08.11.2021 from Brussels, Belgium and 815156427306 dated 21.01.2022 from Chipata, Zambia, which were addressed to Thulasiraman with a -3- NC: 2023:KHC:44846 CRL.P No. 11331 of 2023 declaration as "Half Shaft for Weaving Machines" and "Bed Sheets, Hand Bag, Watch, Clothes". Accused Nos.1 and 2 had arrived in the office of M/s.Fedex Express Transportation and Supply Chain Services India Pvt. Ltd.. claiming that the said two shipments belong to them and they had produced print out of the copies of the above referred Airway bills, tracking numbers and when the above referred shipments were opened, it was found that the same contained contraband article allegedly MDMA weighing 4.581 kgs and contraband article allegedly heroin weighing 1.002 kgs. Accused Nos.1 and 2, who had arrived in the Courier office for the purpose of collecting the aforesaid shipments were arrested and contraband article found in the shipment were seized under panchanama and subsequently, arrested accused were produced before the jurisdictional Court and remanded to judicial custody. Bail application filed by the petitioner, who is arraigned as accused No.2 in the case before the Trial Court in Crl.Misc.No.9177/2023 was rejected on 11.10.2023. Therefore, he is before this Court.
4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner had -4- NC: 2023:KHC:44846 CRL.P No. 11331 of 2023 only accompanied accused No.1 in whose name the shipments had arrived. He submits that petitioner has no criminal antecedents and is in custody for last more than 20 months. Accordingly, he prays to allow the petition.
5. Per contra, learned counsel appearing for the respondent, who has filed objections, submits that bail application filed by accused Nos.1 and 3 before this Court is already rejected. Huge quantity of contraband article has been seized in the present case. In view of Section 37(1)(b) of the NDPS Act, petitioner is not entitled for bail. Accordingly, he prays to dismiss the petition.
6. From a perusal of the material on record that is made available to the Court, it is seen that claiming the two suspected shipments, which had arrived in the office of M/s. Fedex Express Transportation and Supply Chain Services India Pvt. Ltd., accused Nos.1 and 2 had approached the Courier office and had produced necessary documents claiming the shipments. When the said shipments were opened in their presence, it was seen that it contained huge quantity of contraband article. Undisputedly, contraband article allegedly -5- NC: 2023:KHC:44846 CRL.P No. 11331 of 2023 MDMA weighing 4.581 kgs and contraband article allegedly heroin weighing 1.002 kgs were seized and subjected to panchanama. The material on record would go to show that accused Nos.1 and 2 were known to each other and they were assisting accused No.3, who was importing the contraband article for selling the same to his local customers. Accused No.3 is a foreign national and the material on record would go to show that he has got passport of two different countries. A reading of the confession of the accused persons would go to show that they were in regular touch and they were working under the instructions of accused No.3. Bail application filed by accused No.1 in Crl.P.No.216/2023 was rejected by a co- ordinate Bench of this Court on 07.03.2023 and the bail application filed by accused No.3 in Crl.P.No.11049/2022 was also rejected by a Co-ordinate Bench of this Court. As rightly contended by learned counsel appearing on behalf of respondent, in view of rigor under Section 37(1)(b) of the NDPS Act, bail cannot be granted to petitioner herein unless he is in a position to show that he is not prima facie guilty of the alleged offences and in future, he shall not involve in similar offences. This Court, after hearing learned counsel for the -6- NC: 2023:KHC:44846 CRL.P No. 11331 of 2023 petitioner and also after perusing the material available on record, is prima facie satisfied that the case of the petitioner cannot be brought within the exceptions under Section 37(1)(b) of the NDPS Act. Under the circumstances, I am of the opinion that the petitioner's prayer for grant of grant of regular bail is liable to be dismissed. Accordingly, the petition is dismissed.
SD/-
JUDGE DN