SRI. AMUL HASSAN vs STATE OF KARNATAKA

This petition is filed by the petitioner-accused No.2, under Section 439 of Cr.P.C. seeking his release on bail of the offence punishable under

Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered in respondent - police station in Crime No.408/2017.

The prosecution case as per the complaint averments is that the informant acting on an alleged credible information that certain individuals had

assembled at a field near Koramangala and were selling Narcotic Drugs i.e., Charas and collecting money and he having received such credible

information invited the panch witnesses, formed a team of police personnel and proceeded to the place of occurrence and apprehended accused

No.1 and the petitioner herein and on the alleged search, it was found that the petitioner and accused No.1 were carrying Narcotic Drugs i.e.

Charas. From the present petitioner, 523 Gms of Charas came be to be seized and from accused No.1 522 Gms. On the basis of the said

complaint, a case came to be registered against the petitioner and other accused.

Heard the arguments of the learned counsel for the petitioner and also the learned High Court Government Pleader for the respondent-State.

Learned counsel for the petitioner submitted that looking to the prosecution materials, it is clear that the search and seizure proceedings were not

conducted immediately after apprehension of the accused persons, but after delay of two hours. He also submitted that the investigation is already

completed, but only the final report has to be filed before the Court. It is his further submission that quantity seized is less than the commercial

quantity. The petitioner is ready to abide by any reasonable conditions to be imposed by this Court.

Per contra, learned High Court Government Pleader opposed the petition and submitted that the investigation is still going on, there is prima

facie material as against the present petitioner of his involvement in committing the alleged offence. Hence, the petitioner is not entitled to be

granted with bail.

I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in this case.

Looking to the prosecution materials, as it is rightly submitted by the learned counsel for the petitioner that though raid was conducted at 1.15

p.m., the accused persons, even after their apprehension were made to wait till 4.00 p.m. in the evening. At that time, the Assistant Commissioner

of Police was called to the spot and personal search was also conducted. But from the perusal of the prosecution materials, it is evident that there

is no specific mention by the Prosecution regarding the personal search of the petitioner and other accused. However, they have not explained that

the petitioner is having a legal right to exercise his option whether search is to be conducted before the Gazetted Officer or before the Magistrate.

It is simply stated that the questionnaire was prepared regarding personal search. That itself is not sufficient compliance. Apart from that, the

quantity seized is below the commercial quantity and as submitted by the learned counsel for the petitioner, the investigation is almost completed.

The material has been already seized and for the present, nothing further is to be seized from his possession. Further, the alleged offence is also

not exclusively punishable with death or imprisonment for life. The petitioner has denied the allegations made as against him and contended that he

is ready to abide by any reasonable conditions to be imposed by this Court. From the date of his arrest, he is in custody and this is the petition filed

under Section 439 of Cr.P.C. seeking regular bail, hence, petitioner can be enlarged on bail by imposing reasonable conditions. Accordingly,

petition is allowed. Petitioner/accused No.2 is ordered to be released on bail for the offence punishable under Section 20(B) of the N.D.P.S. Act

registered in Crime No.408/2017, subject to the following conditions:

i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned

Court.

ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioner has to appear before the concerned Court regularly.