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Arjuna and Appukutty vs The State of Karnataka

Karnataka High Court · Decided on 30 September 2013 · Citation: (2013) 09 KAR CK 0139

HON’BLE JUDGES
N. Ananda, J
ACTS & SECTIONS REFERRED
Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 20B
RESULT
Dismissed
CASE NUMBER
Criminal Petition No. 5820 of 2013
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Judgment

4 paragraphs · 319 words

N. Ananda, J.—Petitioners are arrayed as accused Nos. 4 and 5 in special C.C. No. 125/2013 pending trial for offence punishable u/s 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985. They have sought for bail. I have heard Sri. R.K. Mahadeva, learned counsel for petitioner and the learned Government Advocate for the State.

2.

The investigation records would reveal that petitioners were in occupation of second floor of a building in which 5.7 kg of ganja was found. The petitioners were found packing ganja in polythene bags for selling. After seeing raiding party, petitioners ran away from that place. Thereafter, petitioners were before this Court seeking anticipatory bail in Crl.P.4951/2013. On 08.08.2013, the learned counsel for petitioners after arguing for sometime submitted that petitioners will surrender before the jurisdictional sessions Court and move for regular bail and also sought for a direction that Sessions Judge shall consider the bail application preferably on the same day.

3.

This Court directed the Sessions Judge to consider the bail preferably on the same day. Notwithstanding the aforestated submission and directions, the petitioners did not bother to surrender before the jurisdictional Sessions Court. On the other hand, petitioners were arrested and produced before the Sessions Court. Thus petitioners have demonstrated that they will adhere to Court order as long is it is convenient to them. If Court orders are inconvenient to petitioners they float the court orders with impugnity.

4.

The investigation records would reveal that petitioners were found packing ganja to sell the same. In addition to this, first petitioner is involved in Crime No. 90/2012 for an offence punishable u/s 20B of N.D.P.S. Act and petitioner No. 2 is involved in Crime No. 166/2013 registered for offence punishable u/s 20B of N.D.P.S. Act. In the circumstances, if petitioners are released on bail they are likely to commit similar offences and flee away from justice. Therefore, the petition is dismissed.