Karnataka High Court
Akash vs The State Of Karnataka on 30 July, 2024
Author: K Natarajan
Bench: K Natarajan
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NC: 2024:KHC-K:5451
CRL.P No. 200862 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE K NATARAJAN
CRIMINAL PETITION NO.200862 OF 2024 (438)
BETWEEN:
AKASH S/O ANKUSH KALE,
AGE: 35 YEARS, OCC: PRIVATE SERVICE,
R/O KHARGE COLONY, GORNALLI VILLAGE,
TALUKA BIDAR-585401.
...PETITIONER
(BY SRI. RAJESH DODDAMANI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH BIDAR EXCISE RANGE POLICE, BIDAR
NOW REPRESENTED BY ADDITIONAL SPP,
HIGH COURT OF KARNATAKA,
Digitally signed
KALABURAGI BENCH-585103.
by KHAJAAMEEN ...RESPONDENT
L MALAGHAN
(BY SRI. F. M. INAMDAR, HCGP)
Location: HIGH
COURT OF
KARNATAKA THIS CRIMINAL PETITION IS FILED U/S. 438 OF CR.P.C.,
PRAYING TO ALLOW THIS PETITION AND DIRECT THE
RESPONDENT POLICE TO ENLARGE THE PETITIONER/A-2 AS
PER FIR ON BAIL IN THE EVENT OF HIS ARREST IN
CONNECTION WITH CRIME NO.84/2023-2024 OF EXCISE
POLICE BIDAR REGISTERED FOR THE OFFENCES PUNISHABLE
U/SEC.20(b)(ii) (c), 22, 25, 60, 8(c) OF NDPS ACT, NOW
PENDING ON THE FILE OF THE HON'BLE PRINCIPAL DISTRICT
AND SESSIONS JUDGE AT BIDAR IN CRIME NO.84/2023-2024.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC-K:5451
CRL.P No. 200862 of 2024
CORAM: HON'BLE MR JUSTICE K NATARAJAN
ORAL ORDER
(PER: HON'BLE MR JUSTICE K NATARAJAN) This petition is filed by the petitioner-accused No.2 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.84/2023-24 registered by Excise Police, Bidar, for the offences punishable under Sections 20(b)(ii)(c), 22, 25, 60, 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act').
2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that acting on credible information the Excise Police raided the house of the petitioner on 29.04.2024 at about 6:50 p.m. At that time while searching the house they found recovered 100 bottles of cough syrup each of 100 ml containing codeine narcotic drug, 1440 pyeevon spas plus capsules containing -3- NC: 2024:KHC-K:5451 CRL.P No. 200862 of 2024 trimodal narcotic drug and also 240 nitrazepam tablets containing nitrate narcotic drug. They were all seized under panchanama. They arrested accused No.1/wife of petitioner. On interrogation she revealed that the petitioner/accused No.2 who is her husband, has bought them and on his instructions she used to sell them. The Trial Court granted bail to the accused No.1 and the husband of the accused No.1 is shown as accused No.2/petitioner herein and he was absconding. Hence, he has apprehended arrest in the hands of the police, he has been approached the District Court for granting bail, which came to be dismissed. Hence, petitioner is before this Court.
4. The learned counsel for the petitioner has contended that the quantity of seized articles is below the commercial quantity. There is difference in weight. The alleged offences are not punishable more than ten years and Section 20(b)(ii)(c) is not attracted. Accused No.1 is -4- NC: 2024:KHC-K:5451 CRL.P No. 200862 of 2024 already released on bail. The contraband articles already seized. Hence, prayed to grant bail.
5. Per contra, the learned High Court Government Pleader objects for granting bail and contending that there is more than 1kg trimodal narcotic drug seized from the house of the accused and accused No.1 was arrested and she has given voluntary statement that her husband has bought them and on his instructions she used to sell them to the third party, therefore, the bail was granted to accused No.1 and this petitioner is required for custody of the police for the purpose of interrogation to know from where he has purchased drugs and whether he has stored any articles. Hence prayed for dismissal of the petition.
6. Having heard learned counsel for the parties and on perusal of the records, which reveal that on 29.04.2024 the police raided the house of the accused where they seized codeine narcotic drug, 1440 pyeevon spas plus capsules containing trimodal narcotic drug and also 240 nitrazepam tablets containing nitrate narcotic drug. All -5- NC: 2024:KHC-K:5451 CRL.P No. 200862 of 2024 these materials were kept in the house including the narcotic drugs. The house belongs to this petitioner and wife is shown as accused No.1 and subsequently she has been granted bail by the Sessions Judge, but this petitioner being the husband and he is the main kingpin in the case where he used to purchase and stored in the house. The wife is only selling at the instructions of this petitioner and whether the quantity seized is less than the commercial quantity or not it is decided at the time of investigation. But from the records reveal that trimodal is 250gm but the codeine is more than 1.320kg which is commercial quantity. There may be some discrepancies in the weight as it has to be properly weighted once again by the Investigating Officer, but the fact remains whether this drug materials seized from the house of the petitioner and without his instructions, wife cannot purchase and sell the same to the public. The alleged offences are very serious one. Therefore, I am of the view that the petitioner/accused No.2 is required for custodial interrogation for the purpose of knowing whether he has -6- NC: 2024:KHC-K:5451 CRL.P No. 200862 of 2024 having any other godown stored in any other place, the seized materials from whom they have purchased that are required to be enquired by the Investigating Officer and if he is not custody, it is very difficult for the Investigating Officer to collect the other incriminating materials. Therefore, in NDPS which are all serious cases granting anticipatory bail will definitely spoil the society and giving wrong message to the society, therefore, he is required for custodial interrogation. Hence, petition deserves to be dismissed. Accordingly, petition is dismissed.
Sd/-
(K NATARAJAN) JUDGE SDU CT:SI LIST NO.: 1 SL NO.: 13