Karnataka High Court
Nansbuga Katherin D/O Basllidde Paul, vs State Of Karnataka, on 21 October, 2013
Author: Jawad Rahim
Bench: Jawad Rahim
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21 S T DAY OF OCTOBER, 2013
BEFORE
THE HON'BLE DR. JUSTICE JAWAD RAHIM
CRIMINAL PETITION No.11312/2013
BETWEEN:
NANSBUGA KATHERIN
D/O BASLLIDDE PAUL,
AGE: 24 YEARS, OCC: STUDENT,
R/O: MUYENGA, DIST: KAMAPALA,
NATION UGANDA,
PRESENTLY R/O SATTUR
KHB COLONY, VIDYAGIRI
IN SUNIL JADHAV HOUSE,
HUBLI-DHARWAD CITY,
DHARWAD.
... PETITIONER
(By Sri. G R RAIBAGI ADV.)
AND:
STATE OF KARNATAKA,
BY VIDYAGIRI POLICE, DHARWAD.
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
DHARWAD.
... RESPONDENT
(By Sri.V.M.BANAKAR, ASPP)
:2:
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON BAIL
IN CRIME NO.202/2013 OF VIDYAGIRI P.S. DHARWAD,
FOR THE OFFENCES P/U/S 22(c) OF NDPS ACT.
THIS PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Petitioner is in judicial custody, after arrest during the investigation in Crime No.202/2013 for offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Though, the First Information Report, seizure memo and other investigation a cts documented by the investigating officer would show that certain suspected contraband was seized from the possession of the petitioner suspecting to be brown sugar/heroin, on reference to forensic laboratory to determine the nature of contraband, report has been sent by the forensic science laboratory, declaring that the material :3: seized when subjected to scientific test to determine the presence of heroin/brown sugar was negative. On the other hand, they found the alleged contraband seized from the possession of the petitioner to be paracetamol, an antipyretic drug. In view of such FSL Report and in the absence of any other material establishing that the material seized from the person of the petitioner or in his possession or from the place of his stay was a contraband either psychotropic substance, heroin/brown sugar, no case at this juncture is made out.
3. In the circumstances, further detention of the petitioner may not be justified. Accepting the reasons for bail, petition is allowed subject to following conditions:-
i. The petitioner shall execute bond for a sum of Rs.50,000/- [Rupees Fifty Thousand only] with two sureties for the like sum to the :4: satisfaction of the Court in which the case is registered in Crime No.202/2013;
ii. He shall not leave the territorial
jurisdiction of the District and
Sessions Judge where he is
residing presently, without prior
permission;
iii. He shall appear before the
investigating officer in case his
presence is required and subject
himself to interrogation without
causing impediment;
iv. Though the bail is granted, finding
no substantive material to make
out a prima facie case of an
offence punishable under Section
22(c) of the NDPS Act, it is
desirable that the petitioner be
directed to surrender his passport to the Court and the investigating officer shall also to retain, subject to further orders that the trial court may pass in case the :5: petitioner makes a request for its release.
Sd/-
JUDGE RK/-