In a bail petition under Section 439 CrPC for NDPS offences, the High Court refused to grant bail to the petitioner, a Nigerian national found to be a repeat offender who committed similar crimes while on bail in a prior case.
Criminal petition for enlargement on bail 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.511 OF 2021
BETWEEN
FRANK SUNDAY IBEABUCHI S/O. UCHE SUNDAY IBEABUCHI, AGED ABOUT 33 YEARS, RESIDING AT FLAT NO.F 103, R.R. ENCALVE, KATTIGEHALLI, BENGALURU – 560 064, NATIVE OF: KUMAS, GHANA IMO ABIA STATE, NIGERIA NATION.
... PETITIONER
(BY SRI K.S. VISHWANATH & SRI. GANGADHARAPPA C.C., ADVs.) AND
STATE OF KARNATAKA E & N CRIME POLICE, MANGALURU CITY – 575 001, REPRESENTED BY ITS S.P.P., HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
...RESPONDENT
(BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.31 OF 2020 OF ‘E’ AND ‘N’ CRIME POLICE STATION, MANGALURU CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 21 AND 21C OF THE NDPS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed by the petitioner-accused No.4 under Section 439 of Cr.P.C., for granting regular bail in Crime No.31/2020 registered by E and N Crime Police Station, Mangaluru City for the offences punishable under Sections 21 and 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
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conducted personal search on accused No.1, they found 12 grams of MDMA tablets and seized the same by drawing mahazar. They also seized two wheeler vehicle and mobile phone belonging to accused No.1. During the interrogation, they revealed that they purchased the MDMA contraband articles from accused No.3. Then the Police apprehended accused No.3 on 24.09.2020 and seized 3.15 grams of Ecstasy pills. Later, on enquiry with accused No.3, he has revealed that they purchased the said articles from accused No.6 and in turn, accused No.6 also informed that he has purchased the articles from accused Nos.4 and 5. The present petitioner is accused No.4. Then the Police apprehended this petitioner on 27.09.2020 at Bengaluru. He was produced before the Special Court and after his production, he was taken to the Police custody. Again on 30.09.2020, the Police on the information given by this petitioner, they searched his Scooter where they found 575 grams of ganja and 4.48 grams of Ecstasy pills. The same was seized and later the
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accused was produced before the Court and remanded him to the judicial custody.
records, admittedly accused Nos.1 and 2 were arrested
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and caught red handed on 19.09.2020. On the voluntary statement, it was revealed that they have purchased the contraband articles from accused No.3 and in turn accused No.3 purchased from accused No.6. The Police arrested accused No.6 and it was revealed from accused No.6 that he purchased the said articles from accused Nos.4 and 5. Accused Nos.4 and 5 were arrested on 27.09.2020 and on their voluntary statement, the Police seized 4.48 grams of Ecstasy pills and 575 grams of ganja. Of course the ganja is of small quantity and the Ecstasy pills are also less than commercial quantity and more than small quantity. The co-accused persons were also granted bail by the Sessions Court as well as the Co-ordinate Bench of this Court.
he is regularly appearing for the other case and he is ready
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to abide by the conditions that may be imposed by this Court till completion of trial.
Accordingly, criminal petition is dismissed .
GBB
Sd/JUDGE
3 issues framed by the court
Whether the petitioner, a foreign national and habitue of committing NDPS offences on bail, should be enlarged on bail in the present case.
Whether the ground of parity is available to the petitioner given that he committed similar offences while on bail in a prior case.
Whether there is a likelihood of the petitioner absconding if released on bail.
2 provisions across 2 enactments
FRANK SUNDAY IBEABUCHI
STATE OF KARNATAKA
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court