Karnataka High Court
Basudeb Sahu vs State Of Karnataka By on 17 September, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:37865
CRL.P No. 7188 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7188 OF 2024
BETWEEN:
1. BASUDEB SAHU,
S/O. UHUCHAL SAHU,
AGED ABOUT 26 YEARS,
RESIDING AT KUMALSING VILLAGE,
LUISINGH POST,
GOHCHAPADA (THANA),
PHURINGA (TAHASIL),
KANDHAMAL (DIST),
ODISHA STATE - 762 002.
2. BAYAMAN BAGARTTI,
S/O. HARI BAGARTTI,
AGED ABOUT 30 YEARS,
RESIDING AT KUMALSING VILLAGE,
Digitally signed
by KAVYA R LUISINGH POST,
Location: High GOHCHAPADA (THANA),
Court of PHURINGA (TAHASIL),
Karnataka
KANDHAMAL (DIST),
ODISHA STATE - 762 002.
...PETITIONERS
(BY SRI. NATARAJ D., ADVOCATE)
AND:
STATE OF KARNATAKA BY
HOSKOTE POLICE STATION,
REP. BY HIGH COURT GOVERNMENT,
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NC: 2024:KHC:37865
CRL.P No. 7188 of 2024
STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI. K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO
ALLOW THE PETITION AND GRANT REGULAR BAIL U/S 439 OF
CR.P.C. IN CR.NO.422/2023 (SPL.C.NO.347/2024)
REGISTERED AT HOSKOTE POLICE FOR THE OFFENCE P/US/
8(c), 20(c) OF NDPS ACT, 1985, WHICH IS PENDING BEFORE
THE HONBLE VIII ADDL. DIST. AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.1 and 2 in SC.No.347/2024 pending before the Court of VIII Additional District and Sessions Judge and Bengaluru Rural District, Bengaluru arising out of Crime No.422/2023 registered by Hosakote Police Station, Bengaluru District for the offences punishable under Sections 8(c), 20(c) of NDPS Act, 1985, are before this Court under Section 439 of Cr.P.C.
2. Heard the learned counsel for the parties. -3-
NC: 2024:KHC:37865 CRL.P No. 7188 of 2024
3. FIR in Crime No.422/2023 was registered by Hosakote Police Station, Bengaluru District against petitioners herein for the aforesaid offences on the basis of the first information dated 26.12.2023 received from B.S.Ashok., Police Inspector attached to Hosakote Police Station. Petitioners herein were arrested on 26.12.2023 and produced before the Jurisdictional Sessions Court and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed for the aforesaid offences. Bail application filed by them before the Trial Court in Crl.Misc.No.989/2024 was rejected on 12.07.2024. Therefore, they are before this Court.
4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioners do not have any criminal antecedents. They are in custody from 26.12.2023. He submits that the seized contraband article contains stem, leafs, flowers and part of the Ganja plant, and therefore, it cannot be considered as 'Ganja' as defined under Section 2(iii)(b) of NDPS Act. He also submits that there is irregularity in the seizure mahazar, and therefore, a doubt arises with regard to the case of the prosecution. Accordingly, he prays to allow this petition.
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NC: 2024:KHC:37865 CRL.P No. 7188 of 2024
5. Per contra, learned HCGP has opposed the petition. He submits that police have seized 52 Kgs of contraband article Ganja in the present case from the possession of the petitioners. Petitioners are residents of Odisha State and if they are enlarged on bail they are likely to flee away from justice. He submits that only eleven charge sheet witnesses are cited in the present case, and therefore, the Trial Court may be directed to expedite the trial and dispose of the case on merits, as expeditiously as possible.
6. The material on record would go to show that on 26.12.2023, on credible information received from the first informant, after obtaining necessary permission from his higher officer, raid was conducted along with staff and independent panchas, to the alleged spot and the accused were apprehended and from their possession contraband article Ganja totally weighing 52 Kgs was seized and subjected to panchanama, and thereafter accused were brought to the police station along with the seized contraband article and FIR was registered against them. Investigation in the case is completed and charge sheet has been filed. Seized contraband article is of commercial quantity. In compliance of the -5- NC: 2024:KHC:37865 CRL.P No. 7188 of 2024 requirements of the Section 52(A) of NDPS Act, seized contraband article was produced before the Jurisdictional Magistrate and sample of the contraband article was drawn in the presence of Jurisdictional Magistrate and thereafter, forwarded to Forensic Science Laboratory. The inventory prepared by the investigation officer was certified by the Jurisdictional Magistrate and the sample which was forwarded to the Forensic Science Laboratory has tested positive for cannabis (Ganja). Therefore, I do not find any force in the argument of the learned Counsel for the petitioner that seized contraband article is not Ganja as defined under Section 2(iii)(b) of NDPS Act.
7. Learned Counsel for the petitioner submits that there is some discrepancy in the seizure mahazar. No such discrepancy which would prima-facie show that the seizure was defective has been pointed out by the learned Counsel for the petitioner.
8. Perusal of the charge sheet would go to show that only eleven charge sheet witnesses have been cited in the present case and most of them are all official witnesses. -6-
NC: 2024:KHC:37865 CRL.P No. 7188 of 2024 Considering the fact that the petitioner are in custody from 26.12.2023, the learned VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, is requested to expedite the trial in S.C.No.347/2024 and dispose off the main case on merits, as expeditiously as possible, but not later than a period of six months from the date of receipt of certified copy of this Order.
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(S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 29