Augustine Dada vs State Of Karnataka

S Vishwajith Shetty, J

Accused no.12 in Spl.C.No.741/2024 pending before the Court of VIII Addl. District & Sessions Judge & Spl. Judge (NDPS), Bengaluru Rural District, Bengaluru, arising out of Crime No.329/2024 registered by Hebbagodi Police Station, Bengaluru District, for the offences punishable under Sections 8(C), 22(c) of NDPS Act, 1985, and Section 14 of Foreigners Act, 1946, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

Heard the learned Counsel for the parties.

FIR in Crime No.329/2024 was registered by Hebbagodi Police Station, Bengaluru District, initially for the offences punishable under Sections 8(c), 22(b), 22(C), 22(A), 27(B), 25, 27 of NDPS Act, and Sections 290, 294 of IPC, against Vasu and others based on the first information dated 21.05.2024 received from Mohammed Mukaram, Police Inspector attached to Drugs Prevention Squad, CCB, Bengaluru City. During the course of investigation of the case, petitioner herein was arrested on 12.06.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against 13 persons and petitioner is arrayed as accused no.12 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.2693/2024 was rejected on 03.02.2025. Therefore, petitioner is before this Court.

Learned Counsel for the petitioner submits that petitioner who has no other criminal antecedents is in custody for the last more than one year. In the FIR registered in the present case, petitioner is not arrayed as an accused. Subsequently, based on the confession statement of the co-accused, he has been arrested in the present case. Trial in the case is yet to commence. Accordingly, he prays to allow the petition.

Per contra, learned HCGP who has opposed the petition, submits that petitioner is a foreigner who did not have valid documents to stay in India. Commercial quantity of contraband article has been seized from his possession, and therefore, his bail application is liable to be rejected.

The material on record would go to show that based on the credible information received on 19.05.2024, that a rave party was arranged at G.R.Farms within the limits of Electronic City Police Station for the purpose of celebrating the birthday of one Vasu, a raid was conducted to the alleged spot and the police had arrested some of the accused named in the FIR and from their possession, contraband articles were seized.

Based on the confession statement of accused nos.9 & 10, petitioner herein was arrested on 12.06.2024 and from his possession 49.6 grams of contraband article allegedly MDMA ecstasy pills were recovered and subjected to panchanama. In the charge sheet which is now filed after completing investigation, petitioner is arrayed as accused no.12. The seized contraband article has tested positive for the drug known as MDMA and 49.6 grams of MDMA is considered as commercial quantity under the relevant notification issued under the provisions of the NDPS Act.

The alleged offences could be punishable upto 20 years of imprisonment. It is not in dispute that petitioner who is a foreigner had no valid documents to stay in India as on the date of his arrest. Though petitioner was arrested based on the confession statement of accused nos.9 & 10, from his possession, commercial quantity of contraband article has been seized, which would prima facie go to show that the alleged offences get attracted against the petitioner. Merely for the reason that investigation is completed and charge sheet has been filed, the same cannot be a ground to enlarge the petitioner on bail.

Petitioner who is a foreigner, has failed to give valid explanation for he overstaying in India after his Visa had expired, and on other hand, he was found to be indulging in trafficking of drugs and from his possession, commercial quantity of contraband article has been seized. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail needs to be rejected at this stage. Accordingly, petition is dismissed.