Karnataka High Court
Tison Joseph P.U vs The State Of Karnataka on 3 November, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2023:KHC:39047
CRL.P No. 6586 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6586 OF 2023
BETWEEN:
TISON JOSEPH P.U
S/O VINIC P.P.
AGED ABOUT 26 YEARS,
R/A NO.06, 2ND FLOOR,
SATHANUR KATTIGENAHALLI,
YELAHANKA, BANGALORE - 560064.
...PETITIONER
(BY SRI. MUZAFFAR AHMED., ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY YELLAHANKA POLICE STATION,
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally BANGALORE - 01
signed by ...RESPONDENT
NANDINI MS
Location: High (BY SRI. JAIRAM SIDDI, HCGP)
Court of
Karnataka
THIS CRIMINAL PETITION IS FILED U/S. 439 CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.140/2023 REGISTERED BY YELAHANKA POLICE
STATION, BENGALURU FOR THE OFFENCE P/U/S 8(c) AND
22(c) OF N.D.P.S.ACT, PENDING ON THE FILE OF XXXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL
JUDGE (NDPS), (CCH-35), BENGALURU AND ETC.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
-2-
NC: 2023:KHC:39047
CRL.P No. 6586 of 2023
ORDER
Accused No.1 in Crime No.140/2023 registered by the Yalahanka Police Station, Bengaluru City, for the offences punishable under Sections 8(c), 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereafter referred to as 'the NDPS Act', for short) is before this Court under Section 439 Cr.P.C.
2. Heard learned counsel for the parties.
3. It is the case of the prosecution that on 01.04.2023 at about 10.00 a.m., the informant- Sri.Deepak R, Inspector of Police, Anti Narcotic Squad, CCB, Bengaluru city, received a credible information that one person was selling narcotic drug-LSD near his house at Kottigehalli, Yalahanka, Bengaluru, within the limits of Yalahanka Police Station and therefore, the said officer after complying the mandatory provisions of law had raided the spot along with the staff and punchas and apprehended a person, who had revealed his name as Tison Joseph. During the course of enquiry, he informed -3- NC: 2023:KHC:39047 CRL.P No. 6586 of 2023 that he was in possession of LSD strips. From his house bearing No.7-8, II Floor, Rameshwara Prasanna, Ishwarya Honey House, Bagath Enclave, Kattigehalli, Bengaluru, he allegedly had produced 14 LSD strips, which totally weighed 0.268 grams. From his possession, one mobile phone which was used by him to contact his customers for the purpose of sale of the narcotic drugs was seized. The apprehended accused and seized contraband article were produced before the police station and FIR in Crime No.140/2023 was registered by the Yalahanka Police against the petitioner and another, who allegedly had supplied the drug. Subsequently, the apprehended accused was produced before the jurisdictional court and he was remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed.
4. The bail application filed by the petitioner in Crl.Misc.No.4070/2023 before the Court of the learned XXXIV Additional City Civil & Sessions Judge, (NDPS) CCH- -4-
NC: 2023:KHC:39047 CRL.P No. 6586 of 2023 35, Bengaluru, was rejected on 08.06.2023. Therefore, he is before this Court.
5. Learned counsel for the petitioner submits that there is no compliance of Section 50 of the NDPS Act in the present case. The petitioner is in custody from 01.04.2023. Investigation in the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition.
6. Per contra, learned HCGP has seriously opposed the bail application and submits that the petitioner is a person who has antecedents and therefore, in view of Section 37(1)(b) of the Act, the petitioner is not entitled for bail.
7. On credible information, the informant in the present case had raided the spot where the petitioner was allegedly attempting to sell the narcotic drug/LSD strips to public. After the petitioner was apprehended, the petitioner had produced 14 LSD strips from the wardrobe of his house which totally weighed 0.268 grams. The -5- NC: 2023:KHC:39047 CRL.P No. 6586 of 2023 Seizure Panchanama would go to show that in addition to the contraband article LSD, the police have seized a mobile phone from the possession of the petitioner, which was used by him for contacting his customers for sale of narcotic drugs. From a perusal of the Seizure Panchanama, it is seen that there is absolutely no compliance of the requirement of Section 50 of the NDPS Act in the present case.
8. The Hon'ble Supreme Court in almost identical circumstances in the case of SK Raju alias Abdul Haque alias Jagga Vs. State of West Bengal - (2018) 9 SCC 708 has observed that in a case where search and seizure is made in a public place and recovery is made from the person of the accused, compliance of Section 50 becomes mandatory. In the said case, from the person of accused, cash was recovered and the contraband article was recovered from the bag. The Hon'ble Supreme Court has held that even then compliance of Section 50 of the NDPS Act is mandatory.
-6-
NC: 2023:KHC:39047 CRL.P No. 6586 of 2023
9. In the present case, though the narcotic drug is said to have been produced by the petitioner from the wardrobe of his house, the mobile phone of the petitioner has been seized from his possession. As per the Seizure Panchanama the petitioner was holding the mobile phone in his hand and therefore, compliance of Section 50 NDPS Act which is mandatory becomes necessary. Perusal of the Seizure Panchanama would go to show that there is absolutely no compliance of Section 50 of the NDPS Act.
10. When Section 37(1)(b) of the NDPS Act provides for certain rigours for granting bail to an accused, who is involved in a case registered under the provisions of NDPS Act, wherein commercial quantity of narcotic drug is involved, strict compliance of mandatory requirement of the Act is expected from the Investigating Officers. Learned Counsel for the petitioner submits that in the earlier case which was registered against the petitioner under the provisions of NDPS Act, only 05 grams of ganja was seized from his possession. The petitioner is aged -7- NC: 2023:KHC:39047 CRL.P No. 6586 of 2023 about 26 years and he is in custody from 01.04.2023 onwards. The petitioner is said to be working as a delivery boy in Zomato company. Accused No.2 has been already enlarged on bail. The petitioner has no criminal antecedents. Investigation in the case is completed and charge sheet has been filed. Under these circumstances, I am of the view that the petitioner's prayer for grant of regular bail is required to be answered in the affirmative. Accordingly, the following order:
ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.140/2023 registered by the Yalahanka Police, Yalahanka, Bengaluru City, for the offences punishable under Sections 8(c), 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two -8- NC: 2023:KHC:39047 CRL.P No. 6586 of 2023 sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) Petitioner shall not involve in similar offences in future;
e) Petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE DL CT: JL