S. Mansoor vs State Of Karnataka & Others

S Vishwajith Shetty, J

Accused No.2 in crime No.93/2023 registered by Jayaprakash Nagar Police Station, Bangalore City for offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' for short) is before this Court seeking regular bail.

Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondent.

On the complaint of Smt. Sowmya M.S., Sub-Inspector of Jayaprakash Nagar Police Station, Bangalore, FIR in crime No.93/2023 was registered by Station House Officer, Jayaprakash Nagar Police Station against one Chiranjeevi and the petitioner herein. In the complaint it is averred that the complainant had credible information about sale of contraband articles and therefore, raid was held along with the staff and panchas on a spot within the limits of Jayaprakash Nagar Police Station, at about 3.15 p.m. and two persons who were standing near two wheeler along with a bag were apprehended. On enquiry they revealed their names as Chiranjeevi and Mansoor. From this bag 2kg 915grams of ganja was seized and was subjected to mahazar. Thereafter, the contraband article and the accused persons were brought to the Police and FIR was registered against them. On the basis of the voluntary statement of accused No.2, ganja weighing 48kg was seized from a open place in Appasandra Village of Kolar district on 17.04.2023. Investigation in the case is complete and the charge sheet has been filed. Petitioner's bail application filed before the Court of the XXXIV Additional City Civil and Sessions Judge and Special Judge, (NDPS), CCh-35), Bengaluru in Crl.Misc.No.4079/2023 was dismissed on 03.06.2023. Under these circumstances, the petitioner is before this Court.

Learned counsel for the petitioner has reiterated the grounds urged in the petition and submits that accused No.1 has been already enlarged on bail. He submits that second seizure becomes doubtful having regard to the seizure panchanama, which is signed by the Panchas, who are from Bangalore. He submits that the petitioner has no criminal antecedents.

Per contra, learned HCGP has filed her statement of objections and has opposed the bail application. She submits that commercial quantity of ganja has been seized at the instance of the petitioner and accordingly, prays to dismiss the petition.

FIR was initially registered against accused Nos.1 and 2 in crime No.93/2023 on the basis of complaint lodged by the Sub-Inspector of Police, Jayaprakash Nagar, Police Station on 17.04.2023. As per the complaint averments, totally 2kg 915grams of ganja was seized jointly from the possession of accused Nos.1 and 2. Accused No.1 is already granted bail by the Sessions Court. On the basis of the alleged confession statement said to have been made by the petitioner/accused No.2, the police allegedly have further seized 48kgs of ganja from a open place at Appasandra Village near Narasapura in Kolar district. From the perusal of the seizure mahazar dated 17.04.2023 under which allegedly the police have seized 48kg of ganja from a open place near Appasandra Village of Kolar district, it is seen that the said mahazar has been signed by the pancha witnesses, who are from Bangalore. Local people have not been involved in the seizure process and the local people of Appasandra Village have not been cited as panchas to the seizure mahazar dated 17.04.2023. Seizure is said to be from a open place at Appasandra Village and therefore, whether such seizure amounts to seizure from the conscious possession of petitioner is suspect matter of trial. The petitioner has no criminal antecedents. He is in custody since 14.04.2023. Investigation in the case is complete and the charge sheet has been filed. Under these circumstances, I am of the view that the petitioner has made out a prima facie case for grant of regular bail.

Accordingly, the petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.93/2023 of Jayaprakash Nagar Police Station registered for the offences punishable under Section 20(b) of the NDPS Act, subject to the following conditions:

a) Petitioner shall execute 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 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.