Mohammed Jarthab vs State Of Karnataka

S Vishwajith Shetty, J

Accused No.1 in Crime No.29/2023 registered by Chickmagalur police station, Chikkamagaluru, for the offences punishable under Sections 8(c) and 22(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985, is before this Court under Section 439 Cr.P.C.

Heard learned counsel for the parties.

On the basis of the credible information received by the complainant, who is Police Inspector attached to CEN, Crime police station, Chikmagalur, raid was conducted to the spot on 28.01.2023 where allegedly two persons were selling MDMA crystal to the public. When the complainant along with the staff and panchas went near the spot, one amongst the two person, who was present at the spot in a car ran away. The person who was apprehended at the spot, on enquiry revealed his name as Mohammed Zarthab. From his possession, MDMA crystal weighing 12 grams was seized and subjected to panchanama. Thereafter, apprehended person and seized contraband article were brought to the police station and FIR was registered in Crime No.29/2023 against the petitioner and another, who had ran away from the spot. Investigation in the case is completed and charge sheet has been filed. Petitioner’s bail application filed before the Prl. District & Sessions Judge and Special Judge, Chikkamagaluru, in Crime No.29/2023 was rejected on 10.02.2023. Therefore, he is before this Court.

Learned counsel for the petitioner submits that the seized contraband article has now tested positive to the drug Methamphetamine and therefore, it cannot be said that the contraband article seized from the possession of the petitioner is of commercial quantity. Investigation in the case is completed and charge sheet has been filed. Accordingly, prays to allow the petition.

Per contra, learned HCGP has opposed the bail application.

On credible information raid was conducted on 28.01.2023 by the complainant and his staff and contraband article MDMA crystal totally weighing 12 grams was allegedly seized from the possession of the petitioner. The sample of the contraband article seized was forwarded for FSL for the purpose of chemical examination and the report which is now received from the FSL would go to show that the seized drug contraband article has tested positive to the drug Methamphetamine and 50 grams and above quantity of Methamphetamine is considered as commercial quantity. In the case on hand, the contraband article seized weighed nearly 12 grams. Therefore, the contraband article seized is of intermediatory quantity. Investigation in the case is completed and charge sheet has been filed. Petitioner is in custody since 28.01.2023. He has no criminal antecedents. Under the circumstances, petitioner’s prayer for grant of regular bail is required to be answered in the affirmative. Accordingly, the following order:

The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.29/2023 registered by Chickmagalur police station, Chikkamagaluru, for the offences punishable under Sections 8(c) and 22(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions:

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two sureties for the likesum, to the satisfaction of the jurisdictional 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 offences 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 off.