Ashley Braison D Souza vs State Of Karnataka on 21 March, 2013

[Cites 3, Cited by 2]

Karnataka High Court

Ashley Braison D Souza vs State Of Karnataka on 21 March, 2013

Bench: K.Sreedhar Rao

                         1




  IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 21ST DAY OF MARCH 2013

                     BEFORE:

       THE HON'BLE Mr.JUSTICE K.SREEDHAR RAO

         CRIMINAL PETITION No.849 OF 2013

BETWEEN:

ASHLEY BRAISON D'SOUZA
S/O THOMAS D'SOUZA
AGED ABOUT 27 YEARS
WORKING IN THOMSON REUTORS
R/AT FLAT NO.203, 2ND FLOOR,
SAIFY APARTMENT,
KORAMANGALA, BANGALORE - 560 095.

N/O-NO.3/112/10
NEAR OLD KADRI POLICE STATION
BIKANGATTA
BAJODI KULA SHEKAR POST,
MANGALORE - 575 005.
                                     ... PETITIONER

(By Sri : HASHMATH PASHA, Sr.COUNSEL)

AND:

STATE OF KARNATAKA
BY KORAMANGALA POLICE STATION
AND CCB POLICE,
BANGALORE CITY- 560 095.
(REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR)
                                   ... RESPONDENT
(By Sri : N.S.SAMPANGI RAMAIAH, HCGP)
                           2




     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CR. NO.515/2012 OF KORAMANGALA P.S.,
BANGALORE CITY, FOR THE OFFENCE P/U/S 21 AND
22 OF N.D.P.S. ACT, 1985.

     THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:


                      ORDER

Petitioner is Accused No.1. The prosecution case discloses that when Apartment No.203 of Saify Apartment was searched by the Police, the petitioner was found in possession of 10 grams of MDMA Powder and LSD Paper totally containing 0.6 milligrams.

2. The Notification issued under the N.D.P.S. Act, in Item No.133 defines the small quantity as "0.002" and commercial quantity as "0.1 gram". The LSD paper found with the petitioner is not a 3 commercial quantity. The MDMA powder found with the petitioner falls under Item No.134 of the Notification. 10 grams is shown to be commercial quantity but the definition of commercial quantity under Section 2(vii)(a) declares that any quantity greater than the quantity specified by the Central Government by Notification in the Official Gazette.

3. In view of the definition, it has to be held that possession of MDMA Powder of 10 grams cannot be considered as commercial quantity. In that view of the matter, Section 37 of the N.D.P.S. Act would not apply. Accordingly, petition is allowed.

4. The petitioner is granted bail on executing a bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) with like surety. The petitioner is directed not to tamper the prosecution witnesses. The petitioner is also directed to appear before the 4 Investigation Officer, Koramangala Police Station on every Sunday between 7.00 p.m. to 8.00 p.m. and mark his attendance without default.

Sd/-

JUDGE dh*

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