AMBEDKAR NAGAR v. KOTE, CHITTOOR, ANDRA PRADESH
Case Details
- 1 - NC: 2025:KHC:22439 CRL.P No. 5034 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5034 OF 2025 BETWEEN: WASIM S @ VASEEM, S/O LATE SARDAR, AGED ABOUT 36 YEARS, RESIDING AT- DOOR NO.8/102, AMBEDKAR NAGAR, V. KOTE, CHITTOOR, ANDRA PRADESH - 517 001. (BY SRI. NATARAJ D.,ADVOCATE) AND: STATE OF KARNATAKA, BY ANDERSONPET P.S, REP BY STATE PUBLIC PROSECUTOR, OFF. AT HIGH COURT OF KARNATAKA, BANGALORE - 560 001. (BY SMT.RASHMI PATEL., HCGP) Digitally signed by KAVYA R Location: High Court of Karnataka …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE PETITION AND GRANT REGULAR BAIL U/S 439 OF COE OF CRIMINAL PROCEDURE IN CR.NO.27/2024, AT NARCOTICS DRUGS AND PSYHOTROPIC SUBSTANCES ACT, 1985, U/S 20(B)(ii)(c), WHICH IS PENDING BEFORE THE HONBLE PRL. DISTRICT AND SESSIONS JUDGE AT KOLAR. (SPL.C.NO.32/2024) REGISTERED THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 2 - NC: 2025:KHC:22439 CRL.P No. 5034 of 2025 HC-KAR CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Spl.C.No.32/2024 pending before the Court of Principal District and Sessions Judge, Kolar, arising out of Crime No.27/2024 registered by Andersonpet Police Station, K.G.F, for offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') is before this Court under Section 439 of Cr.PC seeking regular bail.
Legal Reasoning
2. Heard the learned counsel for the parties. 3. FIR in Crime No.27/2024 was registered by Andersonpet Police Station, K.G.F, for the aforesaid offence against petitioner and another, based on the first information dated 02.03.2024 received from Chethan Kumar G., police officer attached to Andersonpet Police Station, K.G.F. - 3 - NC: 2025:KHC:22439 CRL.P No. 5034 of 2025 HC-KAR 4. During the course of investigation of the case, petitioner herein was arrested on 02.03.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner and another for the aforesaid offences. Bail application filed by the petitioner before the trial Court in Spl.C.No.32/2024 was rejected on 08.10.2024. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner who has no criminal antecedents is in custody for the last more than one year three months. There is no compliance of Section 42 of the NDPS Act in the present case. The case before the trial Court is still at the stage of framing the charges. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP on instructions submits that in the Station House Dairy there is no such entry found in compliance of the requirement of Section 42 of - 4 - NC: 2025:KHC:22439 CRL.P No. 5034 of 2025 HC-KAR the NDPS Act. She however submits that bail application filed by accused No.2 has been rejected and the seized contraband article in the present case is of commercial quantity. Therefore, in view of rigor under Section 37(1)(b) of the NDPS Act, prayer made by the petitioner needs to be rejected. 7. First information was submitted by the police officer attached to Andersonpet Police Station, K.G.F on 02.03.2024 and perusal of the same would go to show that the credible information was received on 02.03.2024 at about 10:30 a.m., when the first informant was in the police station and thereafter, he along with his staff and independent panchas had proceeded to conduct a raid on the said date at about 11:00 a.m., to the alleged place where two persons who had brought contraband article Ganja in a auto-rickshaw bearing registration No.K.A-01 AH-2034 and were making attempts to sell the same to the public. Thereafter at about 11:50 a.m., they apprehended accused Nos.1 and 2, who were found in the - 5 - NC: 2025:KHC:22439 CRL.P No. 5034 of 2025 HC-KAR aforesaid auto-rickshaw and from their possession contraband article Ganja totally weighing 33 Kgs and 510 grams was recovered and subjected to panchanama. The seized contraband article and the apprehended accused were brought to the police station and FIR was registered against them. Since, the credible information was received by the first informant when he was in the police station, in compliance of the requirement of Section 42 of the NDPS Act, he was required to reduce the credible information in writing in the prescribed register/dairy and forward the same to his higher officer and after obtaining their permissions, he was required to conduct the raid. 8. Learned HCGP on instructions submits that the credible information received by the first informant was not reduced into writing prior to conducting a raid. Therefore, it is apparent there is no compliance of Section 42 of the NDPS Act in the present case. Undisputedly, petitioner has no other criminal antecedents and he is in custody for the last about one year three months. Trial in - 6 - NC: 2025:KHC:22439 CRL.P No. 5034 of 2025 HC-KAR the case is yet to commence. Seized contraband article
Legal Reasoning
totally weight 33 Kgs and 510 grams. However, the rigor under Section 37(1)(b) of the NDPS Act cannot made applicable to the petitioner, since the material on record would go to show that there is prima facie no compliance of Section 42 of the Act in the present case. Considering the fact that petitioner hails from Chittoor District of Andra Pradesh State, appropriate conditions are required to be imposed on the petitioner while enlarging him on bail so as to ensure his presence before the trial Court. Accordingly, the following:-
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.32/2024 pending before the Court of Principal District and Sessions Judge, Kolar, arising out of Crime No.27/2024 registered by Andersonpet Police Station, - 7 - NC: 2025:KHC:22439 CRL.P No. 5034 of 2025 HC-KAR K.G.F, for offence punishable under Section 20(b)(ii)(C) of the NDPS Act, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, out of which one shall be local surety, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear before the Station House Officer of Andersonpet Police Station, K.G.F on the 2nd Sunday of every month and mark his attendance between 10:00 a.m. and 1:00 p.m. till the criminal case registered against him is disposed off; c) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; d) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; e) The petitioner shall not involve in similar offences in future; - 8 - NC: 2025:KHC:22439 CRL.P No. 5034 of 2025 HC-KAR f) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 32