Criminal Petition filed under Section 439 Cr.P.C. for regular bail in a case involving possession and transport of opium under the NDPS Act. The Court rejected bail, noting the quantity exceeded small limits, investigation was pending, and risk of absconding.
Application for regular bail was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 5th DAY OF FEBRUARY 2021
BEFORE
THE HON’BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.100198/2021
BETWEEN:
HARAPAL SINGH S/O PREM SINGH AGE. 40 YEARS, OCC. DRIVER, R/O. WARD NO.5, DOOR NO.34, DIRBA, SANGOOR, PUNJAB STATE-148001
.. PETITIONER
(BY SRI. B. ANWAR BASHA, ADVOCATE)
AND:
THE STATE OF KARNATAKA (THROUGH INSPECTOR OF EXCISE EXCISE SUB-DIVISION HOSAPETE) R/BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT DHARWAD-580001
.. RESPONDENT
(BY SMT. SEEMA SHIVA NAIK, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CR.NO.8/2020-21 REGISTERED IN EXCISE SUB-DIVISION HOSAPETE RANGE BALLARI FOR THE OFFENCE UNDER SECTIONS 15, 15(B), 22, 28, 29, 8(C) OF NDPS ACT, 1985, PENDING INVESTIGATION OF THE CASE IN THE INTEREST OF JUSTICE.
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THIS PETITION COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed by the petitioner/accused No.1 under Section 439 of the Code of Criminal Procedure, 1973, for granting regular bail in Crime No.8/2020-21 registered by the Excise SubDivision, Hosapete Range, Ballari, for the offence punishable under Sections 15, 15(b) 22, 28, 29 and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as the ‘NDPS Act’, for brevity).
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the same has to be considered during trial and not at this stage. Therefore, prayed for dismissal of the petition.
State and on perusal of the records, it goes to show that the lorry was loaded with 1139 cases of apple and the plastic cover was found in between the said apple cases/box. On verification, it was found that it was opium which weighed 1kg 500 grams. Immediately, he secured the panchas and Gazetted Officer and seized the same under panchanama. The Excise Police registered a suo motu case against the accused for the above said offence. Thereafter, the accused was taken to the police station and registered a case.
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fine which may extend to one lakh rupees. The accused did not produce any licence or permit for possessing or transporting the contraband article. The accused is from Punjab State. The petitioner is the driver of the lorry and opium was found in between the apple cases. Therefore, it cannot be said that the accused had no knowledge or was not conscious of possessing and transporting the opium. Investigation is still pending. The petitioner is from Punjab State and if the petitioner is granted bail, the possibility of the petitioner absconding and tampering the prosecution witnesses cannot be ruled out. Therefore, considering the facts and circumstances of the case, I am not inclined to exercise the power under Section 439 of Cr.P.C.
Accordingly, the criminal petition is dismissed.
Sd/JUDGE
kmv
2 issues framed by the court
Whether bail should be granted to the petitioner accused of transporting opium under the NDPS Act pending investigation.
Whether the quantity of seized opium and the nature of offence justify the exercise of bail powers under Section 439 Cr.P.C.
2 provisions across 2 enactments
HARAPAL SINGH
THE STATE OF KARNATAKA
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
