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Karnataka High Court · body

2015 DIGILAW 174 (KAR)

Tushar Singh v. State

2015-02-13

H.BILLAPPA

body2015
ORDER H. Billappa, J. 1. The petitioner who is accused No. 2 in NCB.F. No. 48/1/6/2014/BZU has filed this petition under Section 439 of Cr.P.C. praying for grant of bail. It is stated in the petition that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the case. The petitioner is ready to abide by any condition that may be imposed by this Court. Therefore, the petitioner has prayed for grant of bail. 2. A case in NCB.F. No. 48/1/6/2014/BZU has been registered against the petitioner and others for the offences punishable under Section 8(c) r/w. Sections 22, 27, 28 and 29 of NDPS Act, 1985. It is alleged that on 28.10.2014 on receipt of credible information that the petitioner and accused No. 3 S. Kiran will deliver huge quantity of Lysergic Acid Diethylamide (commonly known as 'LSD'), to one Ateet Kelvin Gupta on 28.10.2014 around 8.30 a.m. in front of reservation building at Bengaluru City Railway Station, the Narcotic Control Bureau officials were waiting for the accused. It is stated, the petitioner along with accused No. 3 met accused No. 1 and handed over some material to accused No. 1. The officials surrounded them. On searching them, the complainant found a plastic pouch with a paper that was demarcated with 24 divisions in possession of accused No. 1. It is stated, the paper carried 24 blots of LSD. On testing one of the blots with the help of a Drug Detection Kit, it was found positive for LSD. The substance has been seized. Thereafter, a case has been seized (sic registered). 3. The learned Special Public Prosecutor has filed objections opposing the bail application. 4. The investigation is going on. A3 has been granted bail by this Court in Crl. P. No. 7491/2014. 5. The learned Counsel for the petitioner contended that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the case. It is only accused No. 1 who was found in possession of LSD and it has been seized. Accused No. 3 against whom similar allegations have been made has been granted bail by this Court. Therefore, the petitioner can be granted bail. 6. As against this, the learned Spl. P.P. submitted that the complainant and the respondent have proceeded in accordance with law. Accused No. 3 against whom similar allegations have been made has been granted bail by this Court. Therefore, the petitioner can be granted bail. 6. As against this, the learned Spl. P.P. submitted that the complainant and the respondent have proceeded in accordance with law. The search has revealed that the petitioner and the other accused were dealing with dangerous psychotropic drug. The FSL report is awaited. The voluntary statement of the petitioner reveals that the petitioner is dealing with the dangerous narcotic drug. Therefore, the petitioner cannot be granted bail. 7. I have carefully considered the submissions made by the learned Counsel for the parties. It is relevant to note, it is alleged that on 28.10.2014 on receipt of credible information that the petitioner and accused No. 3 S. Kiran will deliver huge quantity of LSD to one Ateet Kelvin Gupta in front of reservation building at the Bengaluru City Railway Station, the Narcotic Control Bureau officials were waiting for the accused. It is stated, the petitioner along with accused No. 3 met accused No. 1 and handed over some material to accused No. 1. The officials surrounded the accused. On searching them, accused No. 1 was found in possession of a plastic pouch with a paper that was demarcated with 24 divisions. On testing one of the blots, it was found positive for LSD. So far, the analysis report has not been obtained. This Court in similar circumstances has granted bail to accused No. 3-S. Kiran in Crl. P. No. 7491/2014. Therefore, the petitioner can be granted bail on the ground of parity subject to certain conditions. Accordingly, the criminal petition is allowed and the petitioner is granted bail subject to the following conditions: i) The petitioner shall be released on bail in NCB.F. No. 48/1/6/2014/BZU on his executing a bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the concerned Court. ii) The petitioner shall not tamper with the witnesses or evidence. iii) The petitioner shall attend the Court regularly on all dates of hearing. iv) The petitioner shall assist the investigation, if required. v) The petitioner shall not indulge in any or similar offence. vi) The petitioner shall not leave the jurisdiction of the Court below without prior permission. If any condition is violated, the State can move for cancellation of bail.