Criminal Petition No. 7960 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:25179 CRL.P No. 7960 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7960 OF 2025 BETWEEN: 1. KAMALA LOCHAN HANTAL @ KAMLESH S/O.MANA HANTAL AGED ABOUT 38 YEARS R/A. BHAMARANGINI VILLAGE GOUNAGUDA TOWN MALKANGINI, ODDISHA STATE-764052 …PETITIONER
Legal Reasoning
(BY SRI. S.R.SREEPRASAD FOR SMT.BHAVYA N G, ADVOCATEs) AND: 1. THE STATE OF KARNATAKA BY MAHALAKSHMI LAYOUT POLICE STATION, BENGALURU, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY SMT WAHEEDA.M.M., HCGP) THIS CRL.P FILED U/S 439 CR.PC (U/S 483 OF BNSS) IN PRAYING TO ENLARGE THE PETITIONER ON BAIL SPL.CC.NO.2590/2024 BY MAHALAKSHMIPURAM P.S. ON THE FILE OF THE XXXIV ADDL. CITY CIVIL JUDGE, BENGALURU FOR THE OFFENCES P/U/S. 20(B) OF THE NDPS ACT. (CR.236/2024) THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:25179 CRL.P No. 7960 of 2025 HC-KAR CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER AccusedNo.1 in Spl.C.No.2590/2025 pending before the Court of XXXIV Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru arising out of Crime No.236/2024 registered by Mahalakshmipuram Police Station, Bengaluru for offence punishable under Section 20(B) of NDPS Act is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.236/2024 was registered by Mahalakshmipuram Police Station, Bengaluru initially for the offence punishable under Section 20(B) of NDPS Act against unknown persons based on the first information dated 17.07.2024 received from Rakesh.D., who is the Police Officer attached to Mahalakshmipuram Police Station. In the raid that was held subsequently, the petitioner was apprehended and from his possession contraband article - ganja totally weighing 52 kgs 495 grams was recovered. - 3 - NC: 2025:KHC:25179 CRL.P No. 7960 of 2025 HC-KAR 4. During the course of investigation, petitioner herein was arrested on 17.07.2024 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against three persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.7806/2024 was rejected on 21.09.2024. Therefore, petitioner is before this Court. 5. Learned counsel for the petitioner submits that accused Nos.2 and 3 have been granted regular bail by this Court. Petitioner has no other criminal antecedents. Section 50 of the NDPS Act has not been complied with. He submits that sample of contraband article is not collected in accordance with law and in support of his contentions, he placed reliance on the judgment of the Hon'ble Supreme Court in the case of Union of India vs. Bal Mukund & Ors [(2009) 12 SCC 161] and prays to allow the petition. 6. Per contra, learned HCGP, who has opposed the prayer made in the bail application, submits that seized - 4 - NC: 2025:KHC:25179 CRL.P No. 7960 of 2025 HC-KAR contraband article is of commercial quantity. Accordingly, she prays to dismiss the petition. 7. FIR in the present case was registered against unknown persons based on the first information dated 17.07.2024 received from Rakesh.D., who is a Police Officer attached to Mahalakshmipuram Police Station. Subsequently, in the raid that was conducted, petitioner herein was arrested and from his possession contraband article which was found in 10 pockets totally weighing 52 kgs 495 grams was recovered. Based on the confession statement of accused Nos.1-petitioner, accused Nos.2 and 3 are also subsequently arrested. 8. Perusal of the material on record would go to show that in addition to the aforesaid contraband article, cash of Rs.1,000/- was recovered from the pocket of the petitioner and the same is found in the recovery mahazar prepared by the Investigation Officer. The right of the accused as provided under Section 50 of the NDPS Act to be searched before the Magistrate or Gazetted Officer appears to have not been informed to the petitioner in the present case. In addition to seizure of contraband article, cash of Rs.1,000/- was recovered - 5 - NC: 2025:KHC:25179 CRL.P No. 7960 of 2025 HC-KAR from the person of the petitioner and therefore, compliance as required under Section 50 of the NDPS Act becomes mandatory. 9. Reading of the recovery mahazar would go to show that contraband article was found packed in 10 plastic packets. It appears that the said 10 plastic packets were opened and homogenously mixed and thereafter, they were packed into three separate packets and the sample of the contraband article appears to be drawn from the aforesaid three packets before the Magistrate in compliance of requirement of Section 52A of the NDPS Act. The same is not in accordance with law laid down by the Hon'ble Supreme Court in the case of Bal Mukund (supra) nor is in compliance of the NDPS Rules 2022 relating to collection of samples. 9. Undisputedly, the petitioner has no other criminal antecedents. He is in custody for the last nearly one year and trial is yet to be commence. Accused Nos.2 and 3 have been enlarged on bail in the present case. Since, there is no strict compliance of Sections 50 and 52A of the Act, the rigor under Section 37(1)(b) of the NDPS Act cannot be made strictly - 6 - NC: 2025:KHC:25179 CRL.P No. 7960 of 2025 HC-KAR applicable against the petitioner. Under the circumstances, prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following:
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.236/2024 of Mahalakshmipuram Police Station, Bengaluru registered for the offence punishable under Section 20(B) of NDPS Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - NC: 2025:KHC:25179 CRL.P No. 7960 of 2025 HC-KAR d) The petitioner shall not involve in similar offences in future; e) 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 VM List No.: 1 Sl No.: 55