Allowed

Mahammadsadhik Abbasali Sutagatti v. the State of Karnataka

Karnataka HC12 Sept 2023CRL.P/102102/2023

Case brief

AI extract

What is this about?

Coram Justice J.M. Khazi allowed a criminal petition for regular bail filed by an accused under the NDPS Act. The court held that since the seized quantity was below the commercial limit and custodial interrogation was complete, bail was warranted subject to stringent conditions.

What did the court decide?

Petitioner allowed bail in Crime No.26/2023 on personal bond of Rs.1,00,000 with two sureties and standard stringent conditions.

Mahammadsadhik Abbasali Sutagatti Vs the State of Karnataka — Narcotics (NDPS) | Karnataka HC (2023)

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NC: 2023:KHC-D:10467 CRL.P No. 102102 of 2023

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 102102 OF 2023

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BETWEEN:

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MAHAMMADSADHIK ABBASALI SUTAGATTI, AGE: 23 YEARS, OCC: LABOURER, R/O. BASAVESHWARA NAGAR SUTAGATTI, DHARWAD TALUK AND DISTRICT-580008.

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…PETITIONER

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(BY SRI. MANOJ N BIKKANNAVAR, ADVOCATE)

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AND:

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Digitally signed by CHANDRASHEKARLAXMANKATTIMANI CHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.14 12:45:10 +0530

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THE STATE OF KARNATAKA, REPRESENTED THROUGH PSI, DHARWAD CEN POLICE STATION, THROUGH LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580008. …RESPONDENT

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(BY SMT. GIRIJA HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH (CRIME NO.26/2023) DATED 18.07.2023 FOR AN OFFENCES P/U/SEC. 20(b) (ii) (B) OF NDPS ACT, 1985 REGISTERED BY THE DHARWAD CEN POLICE STATION.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC-D:10467 CRL.P No. 102102 of 2023

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ORDER

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Petitioner who is arraigned as accused No.1 has filed this petition u/sec.439 of the Code of Criminal Procedure (for short, ‘the Cr.P.C.’) to grant him regular bail in Crime No.26/2023 of Dharwad CEN Police Station for the offences punishable u/secs.20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).

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In support of his petition, petitioner has pleaded

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that there are no prima facie material to connect him to the alleged crime. The alleged recovery of ganja from the possession of petitioner is 1 kg 12 grams, which is less than the commercial quantity and as such, the stringent provisions of Section 37 of the NDPS Act are not applicable. There is no compliance of mandatory provisions

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of Section 42 and 50 of the NDPS Act. The alleged offences are not exclusively punishable with death or life imprisonment for life. Petitioner is not having any criminal antecedents. He is a permanent resident of the address

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NC: 2023:KHC-D:10467 CRL.P No. 102102 of 2023

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given in the cause title. Since from 18.07.2023, petitioner is in judicial custody. He is ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

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Learned HCGP submitted oral objections stating that on receipt of credible information regarding illegal sale of ganja near Narendra Cross of Dharwad Taluk, the complainant-Police Sub-Inspector, CEN Police Station, Dharwad, brought the said fact to the notice of his higher officers i.e. Deputy Superintendent of Police, DCRB Division, Dharwad in writing and obtained permission. He secured independent panchas and along with staff reached the spot and by concealing their presence kept watch. They found petitioner/accused No.1 sitting on a motorcycle with bag. He was apprehended and his bag was searched and found 1 kg 12 grams of ganja totally worth Rs.25,000/-. The same was seized through mahazar. The petitioner was apprehended and brought to the police station.

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NC: 2023:KHC-D:10467 CRL.P No. 102102 of 2023

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3.1 Based on the complaint, case is registered in Crime No.26/2023 against the petitioner/accused No.1 for the offences punishable u/secs.20(b) (ii) (B) of the NDPS Act and investigation is taken up. The voluntary statement of the petitioner disclose that the ganja in question was purchased by the petitioner along with accused No.2 and accordingly the name of accused No.2 came to be included as accused. The investigation so far conducted makes out a strong prima facie case against petitioner. The quantity recovered from the possession of petitioner is more than the small quantity, but less than commercial quantity. If released on bail, petitioner may indulge in similar offences. He may also abscond and thereby protract the proceedings and prays to reject the petition.

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Heard arguments and perused the record.

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It is the definite case of the prosecution that on

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18.07.2023, the complainant received definite information

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regarding illegal sale of ganja. After securing permission from his higher officers and along with witnesses and staff,

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5 - NC: 2023:KHC-D:10467 CRL.P No. 102102 of 2023

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the investigating officer went to Narendra Cross, Dharwad and kept watch. They saw the petitioner sitting on a motorcycle along with bag. He was surrounded and in the bag, 1 kg 12 grams of ganja was found. The same was seized through mahazar. Petitioner was arrested and later on, he was remanded to judicial custody. From the voluntary statement of petitioner, it is revealed that the ganja in question is purchased by him along with accused No.2 and from Sangli.

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Having regard to the fact that the ganja in question is seized from the spot itself, the continued custodial presence of the petitioner for the purpose of recovery and interrogation is no longer required. There are no criminal antecedents of petitioner having involved in similar offences. Petitioner is in judicial custody since 18.07.2023. Taking into consideration these aspects especially the fact that the quantity of ganja seized from his possession is less than commercial quantity, this Court is of the considered opinion that petitioner is entitled for

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NC: 2023:KHC-D:10467 CRL.P No. 102102 of 2023

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bail. Ofcourse, the interest of the prosecution is required to be safeguarded by imposing stringent conditions and accordingly, the following:

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ORDER

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Petition is allowed. Petitioner/accused No.1

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is released on bail in Crime No.26/2023 of

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Dharwad CEN Police Station for the offences punishable u/secs.20(b) (ii) (B) of the NDPS Act, subject to following:

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CONDITIONS

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a) The petitioner/accused No.1 shall execute a personal bond in a sum of Rs.1,00,000/with two sureties for the like-sum.

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b) Petitioner/accused shall make himself available for the purpose of investigation as and when required and he shall co-operate with the investigation.

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NC: 2023:KHC-D:10467 CRL.P No. 102102 of 2023

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c) Petitioner/accused No.1 shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address.

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d) Petitioner/accused No.1 shall not tamper with the prosecution witnesses either directly or indirectly.

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e) Petitioner/accused No.1 shall not indulge in any criminal activities.

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f) Petitioner/accused No.1 shall be regular in attending the Court proceedings.

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SD/JUDGE

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CLK

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List No.: 1 Sl No.: 13

Mahammadsadhik Abbasali Sutagatti v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mahammadsadhik Abbasali Sutagatti v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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