Dinesh Kumar vs State Of Karnataka

S. Vishwajith Shetty, J

Accused in Spl. C.(N.D.P.S./31/2022 pending before the Court of Principal District and Sessions Judge at Kolar, arising out of Crime No.96/2022 registered by Robertsonpet Police Station, KG.F. for the offences punishable under Section20(b)(ii)(C) of the Narcotic Drugs Psychotropic Substances Act, 1985 (for short, 'the Act') is before this Court, seeking regular bail.

Heard learned counsel for the parties.

On the basis of the complaint lodged by Sub-Inspector of Police, Robertsonpet Police Station, Kolar dated 24.06.2022, FIR in Crime No.96/2022 was registered against the petitioner and another for the aforesaid offences. Petitioner is arrayed as accused No.1 in the FIR. He was arrested on 24.06.2022. As per the complaint averments, the complainant had received credible information that a person was carrying ganja illegally in a bag and pursuant to the information, the complainant and staff members along with independent panchas intercepted the two-wheeler and on enquiry, the rider of the two-wheeler informed his name as Dinesh Kumar. The said person was found carrying a bag and on inspection, it was found that the bag contained ganja. The complainant and his staff members seized the said bag and the total weight of the ganja along with the bag was 20 Kgs. 630 gms. The contraband articles seized was subjected to mahazar and the bag which contained contraband articles was sealed. The person arrested allegedly informed that he had brought the said ganja from one Ganapati. It is in this background, complaint was lodged against Dinesh Kumar and Ganapati who are accused Nos.1 and 2 in the FIR. Investigation in the case is complete and charge-sheet has been filed on 26.10.2022.

Petitioner's bail application filed before the Trial Court in Spl. C(N.D.P.S./31/2022 was dismissed by the Trial Court on 23.02.2023. It is under these circumstances, the petitioner is before this Court.

Learned counsel for the petitioner reiterated the grounds urged in the petition and submits that Section 37(1)(b) of the Act cannot be made applicable to the facts of the present case since it cannot be said that the ganja seized was more than the commercial quantity. He submits that the ganja and the bag were together weighed and the total weight was about 20 Kgs. 630 Gms. He also submits that sample of ganja was not colleted before the bag was sealed and therefore, there is no compliance of the provisions of the Act. Investigation in the case is complete and charge-sheet has been filed. The petitioner has no criminal antecedents and he is aged about 24 years. Accordingly, he prays for allowing the petition.

Per contra, learned High Court Government Pleader opposes the bail petition and submits that in terms of Section 37(1)(b) of the Act, since the contraband article is of commercial quantity, petitioner cannot be enlarged on bail.

On credible information received by the complainant, the two-wheeler which the petitioner was riding was intercepted and allegedly accused was found carrying ganja in a bag with him. The police have seized the said bag and have weighed the said bag along with ganja in it and the total weight of ganja and the bag is stated to be 20 Kgs. 630 Gms. The ganja found in the bag has not been separately weighed by the police. Therefore, a doubt arises as to whether the ganja seized was of commercial quantity. Further, the material on record would also go to show that sample ganja was not collected by the police at the spot before the bag in which the ganja was found was sealed.

Since ganja was weighed along with the bag, the applicability of Section 37(1)(b) of the Act becomes doubtful. Petitioner is aged about 24 years and he has no criminal antecedents. He is in custody since 24.06.2022. Investigation in the case is complete and charge-sheet has been filed. Under the circumstances, I am of the opinion that the petitioner has made out a case for grant of bail. Accordingly, I pass the following:

ORDER

The petition is allowed.

The petitioner is directed to be released on bail in Crime No.96/2022 registered by Robertsonpet Police Station, K.G.F., for the offence punishable under Section20(b)(ii)(C) of the Narcotic Drugs Psychotropic Substances Act, 1985 subject to the following conditions:-

a. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the concerned Court;

b. The Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d. The petitioner shall not involve in similar offenses in future;

e. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed of.