Karnataka High Court
Nishad vs State Of Karnataka on 25 April, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:16802
CRL.P No. 3739 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3739 OF 2024
BETWEEN:
NISHAD
S/O LATE ABDUL KHAREEM
AGED ABOUT 31 YEARS
R/AT NO. 8-6-A-27 C
KATUNGERE, GUDDE HOUSE
K.C. ROAD, TALAPADY
MANGALORE - 575 023.
...PETITIONER
(BY SRI LETHIF B, ADV.)
AND:
STATE OF KARNATAKA
BY ULLALA POLICE STATION
MANGALORE DISTRICT
REP. BY SPP, HIGH COURT
BUILDING, BANGALORE - 560 001.
Digitally signed ...RESPONDENT
by PAVITHRA N
Location: High (BY SMT. K.P. YASHODHA, HCGP)
Court of
Karnataka
THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.111/2023 OF ULLAL P.S.,
MANGALORE CITY FOR THE OFFENCE P/U/S 8(C),21,21(C) OF NDPS
ACT AND SEC.3,4,25-1(B)(b) OF ARMS ACT AND SEC.34 OF IPC ON
THE FILE OF THE PRL.DISTRICT AND SESSION JUDGE D.K.
DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC:16802
CRL.P No. 3739 of 2024
ORDER
1. Accused no.2 is before this Court under Section 439 Cr.PC with a prayer to enlarge him on bail in Crime No.111/2023 registered by Ullal Police Station, Mangaluru City, for the offences punishable under Sections 8(c), 21, 21(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985, Sections 3, 4, 25-1(B) of the Arms Act, 1959, and Section 34 of IPC.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.111/2023 was registered by Ullal Police Station, Mangaluru City, for the aforesaid offences against one Mohammad Niaz and four others. Petitioner is arrayed as accused no.2 in the FIR. In the FIR, it is mentioned that the first informant had received credible information that five persons who were traveling in a car bearing No.KA-19-MN-4644 and another car bearing registration No.KA-19-MN-5145, were transporting contraband article MDMA for the purpose of selling it to the public. On receipt of such information, the first informant along with his staff, on 20.07.2023 intercepted the aforesaid vehicles and out of the five persons who were traveling in the said vehicles, two of them escaped and three of -3- NC: 2024:KHC:16802 CRL.P No. 3739 of 2024 them were apprehended. The persons who were apprehended at the spot revealed their names as Mohammad Niyaz, Nishad and Mohammad Razeen. From the possession of the petitioner herein, 40 grams of contraband article allegedly MDMA was seized. From the possession of the other accused also contraband articles were seized and all the seized contraband articles were subjected to mahazar, and thereafter, the seized contraband article and the apprehended accused were brought to the police station and FIR was registered in Crime No.111/2023. Subsequently, the arrested accused were produced before the Trial Court and were remanded to judicial custody. The application filed by the petitioner seeking regular bail before the Trial Court was rejected on 01.04.2024. Therefore, he is before this Court.
4. Learned Counsel for the petitioner submits that investigation in the case is completed and charge sheet has been filed. The report received from the FSL would go to show that the seized contraband article has tested positive for the drug known as Methamphetamine. He submits that 50 grams of Methamphetamine is considered as commercial quantity. -4-
NC: 2024:KHC:16802 CRL.P No. 3739 of 2024 Therefore, the seized contraband article in the present case is of intermediate quantity.
5. Learned HCGP has opposed the petition. However, she does not dispute the fact that the seized contraband article has now tested positive in the chemical examination for the drug known as Methamphetamine.
6. Undisputedly, the petitioner has no criminal antecedents. He is in custody from 20.07.2023. The contraband article seized from his custody which was forwarded to FSL for chemical examination, has now tested positive for the drug known as Methamphetamine. As per the relevant notification issued under the provisions of the Act, 50 grams and above quantity of Methamphetamine is considered as commercial quantity. Undisputedly, the seized contraband article from the possession of the petitioner is only 40 grams. Therefore, the same is of intermediate quantity. Considering the same, the rigor under Section 37(1)(b) of the Act cannot be made strictly applicable to the petitioner. In addition to the same, investigation is already completed. Therefore, I am of the opinion that the prayer made by the petitioner for grant of -5- NC: 2024:KHC:16802 CRL.P No. 3739 of 2024 regular bail is required to be answered affirmatively. Accordingly, the following order:
7. The petition is allowed. The petitioner is directed to be enlarged on bail Crime No.111/2023 registered by Ullal Police Station, Mangaluru City, for the offences punishable under Sections 8(c), 21, 21(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985, Sections 3, 4, 25-1(B) of the Arms Act, 1959, and Section 34 of IPC, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The 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) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;-6-
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e) The 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 KK