B. v. Radhakrishna VS Inspector of Excise No. 1, State Intelligence, Bangalore.
2010-02-03
A.S.PACHHAPURE
body2010
DigiLaw.ai
Judgment :- (1) The petitioner has sought for bail having been arrested on 21-12.2009 for the offences punishable under Sections 8(c), 20(b)(1), 25 and 29 of N.D.P.S Act: (2) The facts relevant for the purposes of this petition are as under: It is on 21-12-2009 at about 5.30 p.m. the Excise Vigilance Squad had a credible information that the petitioner has stored ganja unlawfully and that he is marketing the same in the circumstances, the Tahsildar along with the attesting witnesses and the Excise Vigilance Squad went to the premises of the petitioner and seized about 20 kgs of ganja under the Mahazar [Annexure-F] (3) The petitioner submits that he is innocent and he has not committed any crime. Further that he is a disabled person aged about 70 years and he is ready and willing to abide by any conditions that may be imposed for his release on bail. On these grounds, he has sought for grant of bail. (4) The learned Government Pleader has opposed the petition. (5) I have heard the learned counsel for the petitioner and also the learned Government Pleader. (6) The petitioner has produced the Concession Certificate issued by the Government Hospital. It reveals that he is a disabled man. Furthermore, Column No. 4 of the FIR [Annexure-C] reveals that he is aged about 70 years at the time of the incident. The quantity which has been seized is said to have 20 kgs. of ganja. It does not exceed the commercial limit. The offence in such circumstances is punishable for ten years and fine to an extent of Rs. 1,00,000/-. Taking into consideration, the age of the petitioner, his disability and the fact that the quantity seized is not exceeding the commercial limit, I think it would be just and proper to release the petitioner on bail by imposing certain conditions. In the circumstances, I proceed to pass the following: ORDER The petition is allowed. The petitioner is ordered to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with two solvent sureties for the likesum to the satisfaction of the Court below with further following conditions: (i) The petitioner shall attend the Anekal Town Police Station on every Sunday between 10,00 a.m. and 11.00 a.m.. until further orders. (ii) He shall not cause any threat, force, influence or coercion to the prosecution witnesses. Appeal allowed.