Karnataka High Court
Vikas And Anr vs The State on 14 June, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC-K:1067
CRL.P No. 200596 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.200596 OF 2023
BETWEEN:
1. VIKAS S/O ISHWAR KASBE,
AGE: 39 YEARS, OCC: BAND WORK,
R/O DEENDAYAL NAGAR, BIDAR-585 401.
2. SUDESH S/O ISHWAR KASBE,
AGE: 37 YEARS, OCC: BAND WORK,
R/O DEENDAYAL NAGAR, BIDAR-585 401.
...PETITIONERS
(BY SRI. NANDKISHORE BOOB, ADVOCATE)
AND:
1. THE STATE THROUGH
Digitally signed GANDHI GUNJ P.S., BIDAR,
by LUCYGRACE
Location: HIGH NOW REPRESENTED BY
COURT OF
KARNATAKA ADDL. SPP, HCKB AT KALABURAGI.
...RESPONDENT
(BY SRI GURURAJ V. HASILKAR, HCGP)
THIS CRL.P. IS FILED U/S. 439 OF CR.P.C BY THE
ADVOCATE FOR THE PETITIONER, PRAYING TO RELEASE THE
PETITIONER ON BAIL IN CRIME No.48/2023 OF GANDHI GUNJ
POLICE STATION, DIST. BIDAR, FOR THE OFFENCES
PUNISHABLE U/SEC. 21(b), 22(b) OF NDPS ACT, PENDING
BEFORE THE PRL. DIST. AND SESSIONS JUDGE AT BIDAR.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-K:1067
CRL.P No. 200596 of 2023
ORDER
This petition under Section 439 of Cr.P.C. is filed by the petitioners-accused Nos.1 and 2 to enlarge them on bail in Crime No.48/2023, registered by Gandhi Gunj Police Station, Bidar, now pending on the file of Principal District and Sessions Judge at Bidar.
2. The First Information Report was lodged against the petitioners herein for the offences punishable under Sections 21(b) and 22(b) of the Narcotic Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as 'N.D.P.S. Act'). In the FIR it is alleged that, on 17.03.2023, the Police Sub-Inspector, Gandhi Gunj Police Station, Bidar, received credible information that two persons without having any licence or permit were selling narcotic drugs. After informing the Drugs Controller Office and securing Drug Controller staff, panchas and his staff, left the police station at 11.30 a.m. in a police jeep and reached Deendayal Nagar at 11.45 a.m. and after stopping the jeep, made surveillance, and saw that two persons were selling tablets, and upon conducting the raid, one person ran away from the spot and another person was apprehended, and on enquiry, he revealed his name and also the person, who fled -3- NC: 2023:KHC-K:1067 CRL.P No. 200596 of 2023 away from the scene and they found a bag in the possession of accused No.1 and upon opening of the bag, found the following tablets:
1) Nitrazepan tablets IP 10 Nitravet-10 17 strips total 267 tablets.
2) Nitrazepan tablets IP 10 Nitravet-10 5 strips total 75 tablets.
3) Nitrazepan tablets IP 10 Nitravet-10 2 strips total 30 tablets.
4) Nitrazepan tablets IP 10 Nitravet-10 8 strips total 120 tablets, expired in the 2015.
5) Pyeevon Spas Plus 19 strips total 152 tablets (expiry).
6) Spasmo -Proxyvon plus 18 strips total 144 tablets expired in the year 2017.
7) Spasmo -Proxyvon plus 12 strips total 96 tablets expired in the year 2015.
8) Spasmo -Proxyvon plus 3 strips total 24 tablets expired in the year 2013.
and also seized cash of Rs.200/-, one Redmi mobile phone and took 2 strips Nitrazepan tablets IP 10 Nitravet-10, two strips Pyeevon Spas Plus and two strips Spasmo -Proxyvon plus as sample and seized the same under panchanama. -4-
NC: 2023:KHC-K:1067 CRL.P No. 200596 of 2023
3. Heard the learned counsel for the petitioners- accused Nos.1 and 2 and the learned High Court Government Pleader for the respondent-State.
4. Perusal of the complaint indicates that the quantity of the tablets seized is not indicated as to whether it is less than commercial quantity, but greater than the small quantity. In the notification issued under Section 2 of the NDPS Act at Sl.No.221, the possession of 20 grams of the subject tablets is classified as smaller quantity, and the possession of tablets less than 500 grams is commercial quantity. At this stage, the FIR having not disclosed the quantity of tablets, which were in possession of the accused herein, the petitioners-accused Nos.1 and 2 have made out a prima facie case to enlarge them on bail. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The petitioners-accused Nos.1 and 2 are enlarged on bail in Crime No.48/2023 registered by the Gandhi Gunj Police Station, Bidar, for the offences punishable under Sections 21(b) & 22(b) of NDPS Act, 1985, subject to the following conditions:-5-
NC: 2023:KHC-K:1067 CRL.P No. 200596 of 2023
(a) The petitioners-accused Nos.1 and 2 shall furnish their personal bonds for a sum of Rs.1 lakh with one surety each for the like sum to the satisfaction of the jurisdictional Court.
(b) They shall appear before the Investigating Officer as and when required.
(c) They shall not get involved in similar offences.
(d) They shall not leave the territorial limits of the Trial Court without prior permission of the Investigating Officer.
Sd/-
JUDGE LG,BKM List No.: 1 Sl No.: 15