MR ASHISH @ AASHU v. THE STATE OF KARNATAKA
Case at a glance
Outcome
Allowed
The petition is allowed
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 8(c), 21, 21(c), 37(1)(b), 42, 50
- Arms Act, 1959 ss. 4, 25(1B)(b)
- Indian Penal Code, 1860 s. 34
- Narcotics Drugs and Psychotropic Substances Act, 1985 ss. 8(c), 21, 21(c)
Key paragraphs
- Para 44. Learned Counsel for the petitioner submits that the petitioner has no criminal antecedents and he is in custody from 10.12.2023 onwards. Accused Nos.1 & 2 as against whom, similar allegations are found in the charge sheet have been granted regular bail. He submits that…
- Para 77. From the possession of the petitioner herein 100 grams of methamphetamine was seized. As against accused No.2 and 3, the allegations found in the charge sheet are similar. Accused No.2 has been already granted regular bail by the Trial Court on 05.10.2024. Undisputedly, petitioner…
Judgment
(BY SRI.RAHUL RAI K., HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONERS ON BAIL IN CR.NO.200/2023 REGISTERED BY THE ULLAL POLICE STATION, ON THE FILE OF PRL., DIST. AND SESSIONS JUDGE, D.K. MANGALORE THE OFFENCE P/U/S 8(c), 21, 21(c) OF NDPS ACT AND SEC. 4, 25(1B)(b) OF ARMS ACT R/W SEC. 34 OF IPC, 1860 AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: KAVYA R Location: High Court of Karnataka - 2 - NC: 2024:KHC:42339 CRL.P No. 9612 of 2024 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in Spl.CC.No.99/2024 pending before the Court of Principal District and Sessions Judge, Dakshina Kannada, Mangaluru, arising out of Crime No.200/2023 registered by Ullal Police Station, Mangaluru City for the offence punishable under Section 8(c), 21, 21(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 and Sections 4 and 25-1(B) of the Arms Act, 1959 read with Section 34 of IPC, is before this Court under Section 439 of Cr.P.C.
Heard the learned counsel for the parties.
FIR in Crime No.200/2023 was registered by Ullal Police Station, Dakshina Kannada, Mangaluru, for the aforesaid offences against Shishira Devadiga and others on the basis of the first information dated 04.12.2023 received from Puneeth Gaonkar, Sub-Inspector of Police, attached to Anti Drug Team, ACP Office, South Subdivision, Kallapu, Mangaluru City. Petitioner, who was - 3 - NC: 2024:KHC:42339 CRL.P No. 9612 of 2024 arrayed as accused No.3 in FIR, was arrested on
10.12.2023 remanded judicial custody. Investigation in the case is completed and charge sheet has been filed against three persons and petitioner is arraigned as accused No.3 in the charge sheet. Bail application filed by the petitioner before the Trial Court in Crime No.200/203 was rejected on 28.03.2024. Therefore, he is before this Court.
Learned Counsel for the petitioner submits that the petitioner has no criminal antecedents and he is in custody from 10.12.2023 onwards. Accused Nos.1 & 2 as against whom, similar allegations are found in the charge sheet have been granted regular bail. He submits that prosecution has not complied the requirements of Sections 42 and 50 of the NDPS Act in the present Case and therefore, rigour under Section 37(1)(b) of the NDPS Act is not applicable. Accordingly, he prays to allow this petition. - 4 - NC: 2024:KHC:42339 CRL.P No. 9612 of 2024
Per contra, learned HCGP has opposed the petition on the ground that commercial quantity of contraband articles has been seized in the present case from the possession of the petitioner. However, he does not dispute that accused Nos.1 & 2 as against whom similar allegations are found in the charge sheet have been granted regular bail.
On the basis of the credible information received from first informant on 04.12.2023, he had conducted a raid to the alleged spot along with his staff and independent panchas and had apprehended two persons, who were sitting inside the car bearing registration No.KA19MM7082 and the said two persons had revealed their names as Shishira Devadiga and Shushan L. From the possession of Shishira Devadiga totally, 32.68 grams of contraband article allegedly methamphetamine and 250 stamps of LSD was recovered. From the possession of Shushan L, 101.28 grams of contraband article allegedly methamphetamine was seized. Subsequently, on the basis of the statement made - 5 - NC: 2024:KHC:42339 CRL.P No. 9612 of 2024 by accused Nos.1 & 2, petitioner herein was arrested on
10.12.2023 and from his possession 100 grams of contraband article allegedly methamphetamine was seized. Investigation in the case is completed and charge sheet has been filed against three accused persons. This Court has granted regular bail to accused No.1 in Crl.P.No.7872/2024 disposed off on 29.08.2024. While granting regular bail to accused No.1, this Court has taken note that there is no compliance of requirement of Sections 42 and 50 of the NDPS Act in the present case. Accused No.2 has been granted regular bail by the Trial Court in Spl.C.No.99/2024 vide order dated 05.10.2024.
Operative part
From the possession of the petitioner herein 100 grams of methamphetamine was seized. As against accused No.2 and 3, the allegations found in the charge sheet are similar. Accused No.2 has been already granted regular bail by the Trial Court on 05.10.2024. Undisputedly, petitioner has no criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that the rigour under Section 37(1)(b) of the - 6 - NC: 2024:KHC:42339 CRL.P No. 9612 of 2024 NDPS Act, cannot be a bar for granting the relief sought for by the petitioner on the ground of parity. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.CC.No.99/2024 pending before the Court of Principal District and Sessions Judge, Dakshina Kannada, Mangaluru, arising out of Crime No.200/2023 registered by Ullal Police Station, Mangaluru City for the offence punishable under Section 8(c), 21, 21(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 and Sections 4 and 25-1(B) of the Arms Act, 1959 read with Section 34 of IPC, 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 like sum, to the satisfaction of the jurisdictional Court; - 7 - NC: 2024:KHC:42339 CRL.P No. 9612 of 2024 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 prosecution witnesses; 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 KVR List No.: 1 Sl No.: 49
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 8(c), 21, 21(c), 37(1)(b), 42, 50; Arms Act, 1959 — ss. 4, 25(1B)(b); Indian Penal Code, 1860 — s. 34; Narcotics Drugs and Psychotropic Substances Act, 1985 — ss. 8(c), 21, 21(c).
Which court decided this case, and when?
Karnataka High Court, on 22 Oct 2024. The bench was S VISHWAJITH SHETTY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.