Karnataka High Court
M Babu Kumar vs Intelligence Officer on 1 February, 2016
Author: A.V.Chandrashekara
Bench: A.V.Chandrashekara
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY 2016
BEFORE
THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA
CRIMINAL PETITION NO.8251/2015
BETWEEN:
N.Babu Kumar
S/o Nagaraj
Aged 29 years
R/at Primuthuly Village
Hosur Taluk, Krishnagiri Dist.
Tamil Nadu State-635 109
...PETITIONER
(By Sri.K.S.Vishwanath, Advocate)
AND:
Intelligence officer
Narcotics Control Bureau
Bengaluru-560063
... RESPONDENT
(By Sri.K.N.Mohan, SPL PP)
This Crl.P. is filed under Section 439 of Cr.P.C.
praying to enlarge the petitioner on bail in NCB
F.No.48/1/3/2015/BZU (SPL.C.C.No.436/2015) of
Bengaluru for the offences P/U/S 8 (C) r/w 22, 27, 27A,
28 and 29 of NDPS Act.
This Crl.P. coming on for Orders this day, the
Court made the following:-
ORDER
Present petitioner is accused no.1 in a Criminal Case in Spl. C.C.436/2015 on the file of XXXIII 2 Additional City Civil and Sessions Judge and Special Judge dealing with cases arising out of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as the Act, for brevity).
2. A case is registered for the offences punishable under Sections 8(c) read with Sections 22, 27, 27A, 28, 29 and 32B of the Act by the Narcotics Control Bureau (NCB), on the basis of the receipt of credible information relating to drug trafficking. They searched the house of the 1st accused N.Babu Kumar at 6.45 p.m. on 26.3.2015. They had received information that he had kept huge quantity of LSDF in liquid form in his house and accused nos.2 and 3 were assisting him in the said business. It was also disclosed that they were doing business of MDMA and mephedrone.
3. It is alleged that the team of officers of NCB knocked the door of the house of the 1st accused and found that all the three accused were present. On inquiry with the 1st accused, it was made known that accused nos.2 and 3 were assisting him in the sale of 3 these drugs to IT professionals, businessmen and students. The authorized officers explained to them about the availability of his right under Section 50 of the Act and they did not consent for search being done in the presence of a Gazetted Officer. As such, the authorized officers conducted search and found 1st accused possessing a plastic bottle wrapped in aluminium foil and it was found to be containing LSD, a psychotropic substance. Nothing was seized from the possession of accused nos.2 and 3.
4. During the search, the NCB officers also found 3 polythene pouches containing off-white colour material. The 1st accused informed them that these pouches contained MDMA, another psychotropic substance and it was seized. They were all seized and it weighed 117 grams. During further search of the house, they found a polythene packet and on inquiry, it was revealed that it contained mixture of MDMA, Mephedrone and Ajinomoto and it weighed 439 grams. One hookah was also found. All the samples were collected and psychotropic substances were weighed by 4 the authorized officer in the presence of witnesses. Voluntary statements of the accused were recorded under Section 67 of the Act. Hence, a case is registered for the above offences.
5. A bail application was filed before this court in Crl.P.3282/15 and it was got dismissed since a similar bail application had been filed before the special court. Anyhow the said court has dismissed the bail application after contest and hence, the present bail application is filed seeking regular bail.
6. Learned Spl. Public Prosecutor representing the respondent has filed detailed objections opposing the bail petition contending that this petitioner was in possession of psychotropic substances of different varieties and were seized at his instance in his house. It is submitted that prima facie case is forthcoming in regard to the possession of psychotropic substances narcotic drugs and dealing with the same. Hence he requests the court to dismiss the bail application. 5
7. It is submitted by the learned Counsel for the petitioner that this petitioner is suffering from tuberculosis and is diagnosed as positive for HIC. Hence, three months bail is already granted by the trial Court on medical grounds.
8. Though the incriminating was found at the instance of this petitioner from his house, the report submitted by Custom House, Chennai is negative and the second report sent by Central Forensic Science Laboratory, Hyderabad discloses as negative and it only discloses that Glycerin and Mephedrone was present. Abhishiek.M and Swamy Gowda @ Anil, accused Nos.2 and 3 respectively, who had assisted the accused No.1 i.e., present petitioner are already released on bail in Crl.P No.6053/2015 and 8186/2015 respectively. Taking into consideration all these aspects into consideration, the petitioner is entitled for bail, subject, of course, to conditions:
9. In the result, the petition filed under Section 439, Cr.P.C. is allowed and bail is granted to the petitioner, subject to the following conditions: 6
a) Petitioner shall be released on bail on executing a personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the concerned Special Court and one of them shall be a local surety;
b) He shall not hold out threats to the prosecution witnesses or lure them in any manner;
c) He shall not involve himself in any criminal activity and shall co-operate with the investigating officer in conducting the case;
d) It is made clear that if the petitioner violates any on of the conditions mentioned above, prosecution will be at liberty to seek for cancellation of bail from the concerned sessions court.
Whatever observations are made while disposing of this application, the same shall not influence the learned Judge while deciding the case on merits.
Sd/-
JUDGE Prs*