Research › Search › Judgment

Karnataka High Court · body

2017 DIGILAW 182 (KAR)

Gemu S/o Ramdas Naik v. State of Karnataka Represented by Addl. SPP Kalaburagi Bench (Through Vijayapur Excise Police Station Dist. Vijayapur)

2017-02-01

B.A.PATIL

body2017
ORDER : This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking regular bail in Crime No.174/2016 of Vijayapur Excise Police Station, registered for the offences punishable under Sections 8(b), 8(c), 20(b), 25 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Brief facts leading to filing of the complaint are that, On 13.11.2016 at about 5.30 a.m., the respondent-Police received a credible information to the effect that one Gemu S/o Ramdas Naik is transporting ganja in the dickey of the Tata Indica Car bearing registration No.MH-12/EQ-1693 from Arakeri side to Vijaypur via Bhutanal village. The said Excise Inspector along with panch witnesses and his staff was waiting in front of the Children’s park by the side of Bhutanala Tank. At that time, Tata Indica Car bearing registration No.MH-12/EQ-1693 came there. When they stopped the said car and searched the car by opening the dickey, they found red and black colour bags containing ganja and the said ganja was weighing 8 Kgs. Thereafter, the said ganja was seized and the petitioner has been apprehended and a case has been registered against the accused. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioner are that petitioner is innocent and he is not having any connection with the alleged crime. The search conducted by the respondent-Police is not in compliance with the provisions of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner is not a habitual offender and the alleged offences are not punishable with death or imprisonment for life. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the petitioner is the main accused and he was transporting large quantity of ganja in the said car. The investigation is still under progress and they have to ascertain who are all the persons involved in the alleged crime. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the petitioner is the main accused and he was transporting large quantity of ganja in the said car. The investigation is still under progress and they have to ascertain who are all the persons involved in the alleged crime. At this juncture, if the petitioner is released on bail, there is likelihood of he being absconded and he may not be available for trial. On these grounds, he prays for dismissal of the petition. 6. I have gone through the contents of the complaint, FIR and other material produced along with the petition. 7. As could be seen from the records, when the petitioner was going in Tata Indica Car bearing registration No.MH-12/EQ-1693, the Police have seized the said ganja and a case has been registered against the petitioner. The quantity of ganja which has been seized is about 8 Kgs., and the same is less than commercial quantity. Apart from this, as the seizure and other procedural aspects have already been completed, the petitioner is not required for the purpose of further interrogation and investigation. When the offences alleged against the petitioner are not punishable with death or imprisonment for life, I feel that if the petitioner is released on bail by imposing stringent conditions, it would safeguard the interest of the prosecution and it would meet the ends of justice. 8. For the aforementioned reasons, the petition is allowed and petitioner/accused No.1 is ordered to be released on bail, subject to the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses; (iii) The petitioner shall make himself available to the Investigating Officer as and when required; (iv) The petitioner shall appear before the Trial Court regularly on all the dates of hearing without fail. (v) The petitioner shall not leave the jurisdiction of the concerned Court without its prior permission.