Karnataka High Court
Sek Mobarak Din vs State Of Karnataka on 22 January, 2021
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22nd DAY OF JANUARY 2021
BEFORE
THE HON'BLE Mr. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.7793/2020
BETWEEN:
SEK MOBARAK DIN,
SONOF SEK SALIK DIN,
AGED ABOUT 43 YEARS,
R/AT PEONPADA PHULBANI,
PHULABANI TOWN,
KANDHAMAL,
ODISSA-762 001. ...PETITIONER
(By Sri.B.S.JAYANTH KRISHNA, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY COMMERCIAL STREET POLICE STATION,
BENGALURU-560 042,
REP. BY ITS SPP
HIGH COURT OF KARNATAKA
AT BENGALURU-560 001.
...RESPONDENT
(By Sri.RENUKARADHYA, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C.,
PRAYI8NG TO ENLARGE THE PETITIONWER ON BAIL IN
CR.NO.101/2020 OF COMMERCIAL STREET P.S.,
2
BENGALURU CITY FOR THE OFFENCE P/U/S.20(B)(ii)(c) OF
NDPS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
This petition is filed under Section 439 of Cr.P.C., by Accused No.2 praying to enlarge him on bail in Crime No.101/2020 of Commercial Street Police Station registered for offence punishable under Section 20(B)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act').
2. The case of the prosecution in brief is that on 18.01.2020 at about 4.00 p.m., the respondent-Police received a credible information that two persons are transporting ganja in a car near MES Quarters on Gangadhar Chetty Road cross. Immediately, the Police went to the said spot along with panchas and intersepted a white color Hyundai Verna car bearing Registration No.CG- 10-EF-0111. Accused Nos.1 and 2 who were in the said car were apprehended and on search, they found six 3 bundles of ganja concealed in the dikki of the said car, totally weighing 24 kgs 100 grams valued at Rs.7,20,000-00. Thereafter, 100 grams of ganja was taken as sample to send it for chemical examination. Further, a sum of Rs.250/- in cash and three mobile phones as well as the car was also seized.
3. Learned counsel for petitioner submits that similarly placed Accused No.1 has been enlarged on bail by a co-ordinate Bench of this Court in Criminal Petition No.7277/2020 vide order dated 08.12.2020. He has made available a copy of the said order. He submits that the petitioner is ready and willing to furnish local surety for his release. He submits that the petitioner is innocent and he had no knowledge about any ganja concealed in the dikki of the car. Accordingly, seeks to allow the petition.
4. Learned High Court Govt. Pleader contends that both the accused are from a different State and they are caught red-handed while trying to transport ganja in the car. He submits that the petitioner is the owner of the car 4 and therefore, it cannot be said that he has no knowledge about concealment of ganja in the dikki of the car. He submits that the seized ganja is a commercial quantity and therefore, the offence committed by the accused is serious in nature. Accordingly, seeks to reject the petition.
5. Perusal of the material on record go to show that a total quantity of 24 kgs 100 grams of ganja was seized form the car in which both the accused were present. It is stated that ganja leaves along with stem, leaves and seeds were in six bundles which weighed 24 kgs 100 grams. It is not forthcoming as to what was the exact quantity of ganja seized. Therefore, at this stage, it cannot be said that the seized ganja is of commercial quantity. Further, though the sample has been sent for chemical examination, admittedly, the FSL report to confirm that the seized article is ganja, is also not received.
6. Considering the above aspects, this Court has enlarged Accused No.1 on bail in Criminal Petition No.7277/2020 vide order dated 08.12.2020. Petitioner 5 also stands on the same footing. Considering the above and since the counsel for the petitioner has submitted that the petitioner is ready to offer local surety, petitioner can be admitted to bail by imposing suitable conditions.
7. Accordingly, following order is passed:
ORDER The petition is allowed. Petitioner/Accused No.2 is ordered to be released on bail in Crime No.101/2020 of Commercial Street Police Station registered for offence under Section 20(B)(ii)(c) of the NDPS Act, subject to following conditions:
i) Petitioner shall execute a personal bond in a sum of Rs.2,00,000/- with two solvent sureties, out of which, one surety shall be a local surety, to the satisfaction of the jurisdictional Court;
ii) He shall not tamper with the prosecution evidence/witnesses directly or indirectly;
iii) He shall be regular in attending the trial, unless he is exempted for good reasons;6
iv) He shall mark his attendance before the jurisdictional police on 1st of every month in between 10.00 a.m., and 5.00 p.m., till the trial is completed;
v) He shall not indulge in similar type of criminal activities. If he is again indulged in similar type of criminal activities or violates any of the conditions, the trial Court is at liberty to cancel the bail;
vi) He shall furnish proof of his correct address and shall inform the Court if there is any change in the address.
Sd/-
JUDGE bnv*