Karnataka High Court
Ankit Kumar vs Union Of India on 9 September, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:36597
CRL.P No. 7549 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7549 OF 2024
BETWEEN:
ANKIT KUMAR,
AGED ABOUT 21 YEARS,
S/O NAVLESH KUMAR,
PERMANENT ADDRESS:
R/O A-38, RAJIV NAGAR GALI,
KANTI FACTORY ROAD,
B.H.COLONY, PATNA,
BIHAR - 800 026.
PRESENT ADDRESS
R/O ROOM NO.302, CCN PG,
ST. MARY'S CHURCH ROAD,
KOTHANUR, NARAYANPURA,
NEAR KRISTUJAYANTI,
Digitally signed BENGALURU - 560 077,
by NANDINI MS
Location: High KARNATAKA.
Court of
Karnataka ...PETITIONER
(BY SRI. BALAKRISHNA BABURAO., ADVOCATE)
AND:
UNION OF INDIA,
NARCOTICS CONTROL BUREAU,
BANGALORE ZONAL UNIT,
THROUGH INTELLIGENCE OFFICER,
BENGALURU - 560 063.
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NC: 2024:KHC:36597
CRL.P No. 7549 of 2024
REPRESENTED BY CGSC FOR
NCB HIGH COURT,
BENGALURU.
...RESPONDENT
(BY SRI. RAJASHEKAR S., ADVOCATE)
THIS CRL.P. IS FILED U/S 439 OF CR.P.C., PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN SPL.C.C.NO.22/2024
(NCB F.NO.48/1/30/2023/BZU) REGISTERED BY THE
RESPONDENT PENDING ON THE FILE OF THE HONBLE XXXIII
ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.COURT FOR
NDPS CASES BENGALURU FOR THE OFFENCE P/U/S 8(c),
21(b), 22(b)(c), 23(b)(c), 27, 28 OF THE NDPS ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
The accused in Spl.C.C.No.22/2024 pending before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, CCH-33, arising out of NCB F.No.48/1/30/2023/BZU registered by Narcotics Control Bureau, Bengaluru Zonal Unit for the offences punishable under Sections 8(c), 21(b), 22(b)(c), 23(b)(c), 27 and 28 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short), is before this Court under Section 439 of Cr.PC. -3-
NC: 2024:KHC:36597 CRL.P No. 7549 of 2024
2. Heard the learned counsel for the parties.
3. The Officers of the Narcotics Control Bureau, Bengaluru Zonal Unit, on receipt of a credible information that a suspected consignment had arrived in the name of Shubhangi Singh at Foreign Post Office, Chamrajpet, Bengaluru, had constituted a team and had gone to the said post office at Chamarajpete, Bengaluru and after revealing the identity, the suspected consignment in the name of Shubhangi Singh, which had shipped from Netherland, was opened in front of the independent panchas and other officials and it was found that the said consignment contained contraband articles viz., MDMA pills, LSD blot papers and cocaine. The contraband articles were seized under panchnama on 26.06.2023 and on the next date i.e., on 27.06.2023, when the petitioner and the aforesaid Shubhangi Singh arrived at Shivarama Karanth post office to collect the dummy parcel, they were apprehended and subsequently, the petitioner herein was produced before the jurisdictional Court and remanded to judicial custody on 03.07.2023. After completion of investigation, complaint has been filed against the petitioner herein for the aforesaid offences. Bail application filed by the petitioner before the trial -4- NC: 2024:KHC:36597 CRL.P No. 7549 of 2024 Court in Spl.CC No.22/2024 was rejected. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that the petitioner is an youngster, aged about 21 years. He is a student, studying in final year BBA course in Bengaluru. He has no criminal antecedents. He is in judicial custody from 03.07.2023. On health grounds, he was granted interim bail by the trial Court earlier and he has not violated the bail conditions. There is delay in compliance of Section 52A of NDPS Act in the present case. Though the parcel was booked in the name of Shubhangi Singh, charge sheet has been filed only as against the petitioner. Accordingly, he prays to allow the petition.
5. Per contra, learned counsel for the respondent has opposed the petition and submits that commercial quantity of contraband article has been seized in the present case. The petitioner had booked the consignment in the name of Shubhangi Singh and there are sufficient materials to connect the petitioner to the alleged crime. He submits that since commercial quantity of contraband article is involved in the -5- NC: 2024:KHC:36597 CRL.P No. 7549 of 2024 present case, in view of Section 37(1)(b) of NDPS Act, petitioner's prayer need to be rejected. In support of his arguments, he has placed reliance on the judgments of the Hon'ble Supreme Court in the case of State of Kerala & Ors. Vs. Rajesh & Ors.1 and in the case of Babua @ Tazmul Hossain Vs. State of Orissa2.
6. A perusal of the material on record would go to show that the officers of Narcotics Control Bureau, Bengaluru, had received a credible information that a suspected consignment had arrived in the Foreign Post Office at Chamarajpete, Bengaluru, in the name of Shubhangi Singh containing contraband article. Therefore, the officers after obtaining necessary permission from their higher officers, had visited the above said post office and thereafter, had opened the suspected consignment which was addressed to Shubhangi Singh and had recovered 3.70 grams of MDMA Pills, 0.16 grams of LSD Blot Papers and 3.35 grams of Cocaine. 0.16 grams of LSD is considered as commercial quantity under the relevant Notification issued under the provisions of NDPS Act. Though seizure of the contraband article by the Officers under 1 AIR 2020 SC 721 2 (2001) 2 SCC 566 -6- NC: 2024:KHC:36597 CRL.P No. 7549 of 2024 panchnama was on 26.06.2023 itself, there is inordinate delay in complying the requirement of Section 52(A) of NDPS Act. The application under Section 52(A) of NDPS Act has been filed in the present case before the jurisdictional Magistrate on 16.08.2023 after a period of nearly 50 days from the date of seizure of contraband articles.
7. The material on record would go to show that the petitioner was granted interim bail by the trial Court on health ground. It appears that the petitioner who is a student, studying in final year BBA had met with an accident and had fractured his left leg and left hand. Therefore, he was operated and steel rods were inserted. It is in this background, he was granted interim bail by the trial Court for the purpose of undergoing follow-up treatment. There is no complaint that the petitioner has violated the bail conditions while he was on interim bail. Though the consignment had arrived in the name of Shubhangi Singh, after investigation, charge sheet has been filed only as against the petitioner on the ground that the petitioner has confessed that he had booked the consignment in the name of Shubhangi Singh.
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NC: 2024:KHC:36597 CRL.P No. 7549 of 2024
8. The Hon'ble Supreme Court in the case of TOOFAN SINGH VS STATE OF TAMIL NADU - (2021)4 SCC 1, has held that confession statement made by the accused under Section 67 of the NDPS Act is not an admissible evidence. Since the prosecution is primarily placing reliance on the confession statement made by the petitioner herein to connect him to the consignment which undisputedly had arrived in the name of Shubhangi Singh who is not arrayed as an accused in the present case and also since there is an inordinate delay of 50 days in complying with the requirement of Section 52A of the NDPS Act, the rigour under Section 37(1)(b) of the NDPS Act, cannot strictly made applicable to the case on hand. Therefore, the judgment of the Hon'ble Supreme Court in Babua's case supra and Rajesh's case supra, on which reliance has been placed by the learned Counsel for the respondent cannot be made applicable to the facts and circumstances of the present case.
9. Undisputedly, petitioner who is aged 21 years has no criminal antecedents. He is in custody from 03.07.2023. The case before the Trial Court is still at the stage of hearing before charge, and therefore, likelihood of the trial being completed in -8- NC: 2024:KHC:36597 CRL.P No. 7549 of 2024 the immediate near future is remote. Therefore, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:
10. The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.CC No.22/2024 (NCB F.NO.48/1/30/2023/BZU), registered by Narcotics Control Bureau, Bengaluru Zonal Unit, for the offences punishable under Sections 8(c), 21(b), 22(b)(c), 23(b)(c), 27 and 28 of the NDPS Act, subject to the following conditions:
a. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, out of which, one surety shall be local surety, 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;
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NC: 2024:KHC:36597 CRL.P No. 7549 of 2024 d. The petitioner shall not involve in similar offences in future.
SD/-
(S VISHWAJITH SHETTY) JUDGE PN List No.: 1 Sl No.: 43