AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
12 paragraphs · 382 wordsH.P. Sandesh, J
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Special Case No.152/2021 (Crime No.21/2021) of Chikkamagaluru CEN Crime Police Station, Chikkamagaluru District, for the offences punishable under Sections 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short).
Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
The factual matrix of the case of the prosecution is that this petitioner along with other accused persons were indulged in transporting the ganja to the tune of 30 kgs. and the same was seized and this petitioner is in custody from 05.05.2021 and now FSL report is received. This Court earlier rejected the bail petition only on the ground that FSL report is awaited.
The learned counsel for the petitioner has produced the copies of the order passed by this Court in respect of other accused persons. Admittedly, accused Nos.1 to 4 have already been enlarged on bail. The quantum of ganja seized i.e., 30 kgs. is little higher side of commercial quantity and apart from that, there are no any other criminal antecedents against the petitioner. Under these circumstances, when the investigation is completed and charge-sheet is also filed, it is a fit case to exercise the discretion in favour of the petitioner.
In view of the discussions made above, I pass the following:
ORDER
The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Special Case No.152/2021 (Crime No.21/2021) of Chikkamagaluru CEN Crime Police Station, Chikkamagaluru District, for the offences punishable under Sections 20(b)(ii)(c) and 29 of the NDPS Act, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.