M. Subeesh vs State By Holalkere Police

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.237/2021 of Holalkere Police Station,

Chitradurga, for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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 accused Nos.1 to 5 were selling the ganja to general public and they had procured the same

from accused No.6 from Andhra Pradesh. When accused Nos.1 and 2 were transporting the same in the vehicle bearing No.KL-55-E-8792 and KL-

06-H-7062, ganja to the tune of 41 kgs. 656 grams worth of Rs.8,22,000/- were seized which were kept in 19 plastic bags and this transportation came

to light only when the vehicle bearing No.KL-55-E-8792 met with an accident. The police have investigated the matter and filed the charge-sheet.

The learned counsel for the petitioner submits that this petitioner is the driver of the vehicle bearing No.KL-06-H-7062 and the recovery is made at

the instance of accused Nos.1 and 2 from vehicle bearing No.KL-55-E-8792. The investigation has been completed and there is no need of custodial

trial. The learned counsel submits that there is no any criminal antecedents against the petitioner and no recovery at the instance of the petitioner.

Per contra, the learned High Court Government Pleader appearing for the respondent-State submits that total ganja seized is 41 kgs. 656 grams,

which were kept in 19 plastic bags of different weights and the commercial quantity is seized at the instance of accused Nos.1 to 4 and the same is

procured from accused No.6. When such being the material available on record, it is not a fit case to exercise the powers under Section 439 of

Cr.P.C.

Having considered the submissions of the respective learned counsel, this petitioner is in custody from 14.07.2021 and the committing of offence

came to light when the vehicle met with an accident, which was in possession of accused Nos.1 and 2 and on verification, they seized 12 kgs. of ganja

and remaining ganja was seized from the mini luggage vehicle which was in possession of accused Nos.3 and 4 and in total 41 kgs. 656 grams was

seized which was commercial quantity. It is the case of the prosecution that ganja was procured from accused No.6 from Andhra Pradesh and

transported the same to Karnataka and indulged in circulating the same to general public. Having taken note of the quantity of the ganja seized at the

instance of the petitione,r it is a menace to the Society and the offence is against the Society at large. The special enactment is brought into force

when the State found that the IPC offences are not sufficient to meet the trafficking of narcotic substances. The petitioner is from Kerala and he

indulged in transporting of narcotic substance from Andhra Pradesh to Karnataka and hence, I am of the opinion that it is not a fit case to exercise the

powers under Section 439 of Cr.P.C. having considered the quantity of ganja seized and the offence is also against the Society at large.

In view of the discussions made above, I pass the following:

ORDER

The petition is rejected.