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2017 DIGILAW 1118 (KAR)

Sohail S/o Gaffur Jambagi v. State of Karnataka

2017-08-03

B.A.PATIL

body2017
ORDER : These two petitions have been filed by the petitioner Nos.4 and 5 under Section 439 of Cr.P.C., praying for granting regular bail in Crime No.91/2017 of Gol Gumbaz Police Station, registered for the offences punishable under Sections 8(C) and 20 (B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as ‘the Act’) and also under Sections 25 and 27 of the Indian Arms Act. 2. Brief facts leading to filing of the complaint is that, on 9.6.2017 at about 5:00 a.m., complainant along with his staff, were on patrolling duty near Sindagi Naka/Check Post and were checking the vehicles passing through the said Check Post. At that time, a white colour Car bearing No.AP-10/MM-2626 came from Sindagi side. Complainant and officials tried to stop the said Car, but it did not stop and went in a high speed, suspecting the said vehicle, complainant and other officials chased the said Car, but the driver of the said Car lost his control resulting in hitting to the road divider, in front of the Gol Gumbaz and the inmates tried to run away, but the complainant and other officials caught hold of them and they were took to the police station and during interrogation, accused persons revealed that in a Car bearing No.AP-10/MM- 2626, they brought Ganja for sale, besides possessing country pistol and live bullets. Thereafter, complainant seized the said articles under mahazar. When the said ganja is weighed, it was weighing 21.570 Kilograms, thereafter a complaint was registered against the accused. 3. Heard the arguments of the learned counsel for the petitioners and learned Addl. S.P.P. appearing for respondent-State. 4. The main grounds urged by the learned counsels for the petitioners are that, they have not committed any offence and they have not involved in the said crime. He would further contend that, accused Nos.2 and 4 being the brothers, were moving around Vijayapura City in the Car. He would further contend that, the petitioner/accused No.5 is studying in B.B.A 1st years and accused No.4 is working as a Painter and if they are kept in judicial custody along with hardcore criminals, their future is going to be affected. He would further contend that, ganja has been weighed along with the country pistol, as such, it was weighing 21.570 Kilograms, as such, the quantity of the ganja, which has been seized is less than the commercial quantity. He would further contend that, ganja has been weighed along with the country pistol, as such, it was weighing 21.570 Kilograms, as such, the quantity of the ganja, which has been seized is less than the commercial quantity. He would further contend that, the alleged offences are not punishable with death or imprisonment for life and the procedure adopted for seizing is also not properly followed in compliance with Sections 42, 43 and 50 of the Act. He would further contend that, petitioners are having a deep root in the society, they are having both movable and immovable property and they are ready to offer the sureties. On these grounds, he prayed for allowing both the petitions. 5. On the contrary, learned Addl. Special Public Prosecutor appearing for the respondent-State vehemently contended that, petitioners were carrying three country pistol along with live bullets and were also carrying 21.570 Kilograms of ganja and arms without possessing licence or permit, the said act of the petitioners is nothing but amounts to a criminal act. The petitioners when carrying the arms without licence that itself indicate that they were intending to use the said arms for illegal purpose. He would further contend that, still investigation is in progress. The petitioners are required for the purpose of interrogation and investigation. He would further contend that, if petitioners are released on bail, they may abscond and they may tamper with the prosecution evidence and they may not be available for trial. On these grounds, he prays for dismissal of the said petitions. 6. I have gone through the contents of the complaint and other material, which has been produced along with the petitions. 7. As could be seen from the records, it indicate that when the Car bearing Reg.No.AP-10/AM-2626 was searched and there they found three country pistols, live cartridges and also ganja. On perusal of the complaint further it discloses that, the said country pistols and ganja, which they put into one bag, thereafter it has been weighed and at that time the weight of ganja was weighing 21.570 Kilograms. If the said country pistol and the live cartridges were taken out, definitely the ganja will be coming within the purview of commercial quantity. 8. Be that as it may. Even though the learned Additional State Public Prosecutor would contend that, petitioners were carrying country pistols. If the said country pistol and the live cartridges were taken out, definitely the ganja will be coming within the purview of commercial quantity. 8. Be that as it may. Even though the learned Additional State Public Prosecutor would contend that, petitioners were carrying country pistols. Merely because they were in possession of the country pistols, it is not a ground for rejection of bail. If at all, they were carrying such arms and they can be prosecuted for the said offence, which they have committed. When the petitioners are said to be students and have gone for the purpose of making fun by travelling in the said Car. Admittedly, the said car belongs to accused No.1 and he has not given any explanation under what circumstances the said articles in question were found in the said car. Under such circumstances, when the said offences are not punishable with death or imprisonment for life and even the way in which the proceedings have taken place for seizing the ganja is also not in accordance with law, under such circumstances, I feel that by imposing some stringent conditions, if the petitioners are enlarged on bail, it is going to meet the objection raised by the learned Addl. State Public Prosecutor and also it is going to meet the ends of justice. 9. For the above reasons, the petition is allowed and petitioners/accused No.4 and 5 are ordered to be released on bail, subject to the following conditions: (i) The petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court (ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses directly or indirectly; (iii) The petitioners shall make themselves available to the Investigating Officer as and when required; (iv) The petitioners shall mark their attendance before the Investigating Officer once in fortnight till conclusion of trial.