In a bail application under Section 439 Cr.P.C. for offences under the NDPS Act involving commercial quantity of hashish oil, the court dismissed the petition holding that a clear statutory bar under Section 37(1)(b)(ii) of NDPS Act applies and no twin conditions were satisfied.
Bail application dismissed; petitioner not entitled to grant of bail.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 1867 OF 2023
BETWEEN:
SRI SYED HUSSAIN S/O. SRI SYED PEER AGED ABOUT 19 YEARS R/AT: NEAR: EKMINAR MUSJID SHANTHI NAGAR, UDAYAGIRI MYSORE - 577 019.
…PETITIONER
(BY SRI: PATTABI .C., ADVOCATE)
AND:
Digitally signed by NANDINI B G Location: High Court Of Karnataka
THE UNION OF INDIA NARCOTICS CONTROL BUREAU BENGALURU ZONAL UNIT NO 7/1, PRIYANKA VILAS RAMANA GARDEN KATTIGANAHALLI MAIN ROAD YELAHANKA BENGALURU - 560 063. THROUGH INTELLIGENCE OFFICER REP BY ASG, HIGH COURT OF KARNATAKA BANGALORE - 560 001
…RESPONDENT
(BY SRI: KUSHALAPPA .B.M., CGC)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE NCB F.NO.48/1/11/2021/BZU PENDING ON THE FILE OF LEARNED 33RD ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL COURT FOR NDPS CASES, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 8(C), 20(B)(II)(C), 27, 27(A), 28 AND 29 OF NPDS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
CRL.P No. 1867 of 2023
ORDER
The petitioner-accused No.2 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in NCB.F.No.48/1/11/2021/BZU by Intelligence Officer, NCB, Bengaluru Zonal Unit, Bengaluru, pending on the file of the XXX Additional City Civil and Sessions Judge and Special Court for NDPS Cases, Bengaluru, registered for the offences punishable under Sections 8(c), 20(b)(ii)(C), 27, 27(a), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the NDPS Act').
CRL.P No. 1867 of 2023
Criminal Petition No.5201 of 2021 and the same came to be dismissed vide order dated 10.08.2021. Again he approached this Court by filing Criminal Petition No.3816 of 2022, which came to be dismissed vide order dated 08.07.2022. Now the charge sheet is filed. The petitioner is not required to be detained in custody for any purpose except to ensure his presence before the Trial Court. He is not having any criminal antecedents. He is a young boy pursuing his studies. Detention of the petitioner in custody would amount to pre-trial punishment. He is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.
CRL.P No. 1867 of 2023
are no reasons to entertain the petition when there is clear bar for grant of bail. Under such circumstances, the petitioner is not entitled for grant of bail. Hence, he prays for dismissal of the petition.
“Whether the petitioner is entitled for grant
of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in the 'Negative' for the following:
REASONS
CRL.P No. 1867 of 2023
chemical analyst report is received, which opined that the contraband seized is Hashish oil.
CRL.P No. 1867 of 2023
grant of bail. When once such opinion is formed while dismissing the Criminal Petition No.3816 of 2022 by giving a categorical finding that there are prima facie materials against the petitioner for having committed the offences and there is clear bar for grant of bail to the accused and unless the twin conditions referred to under Section 37(1)(b)(ii) of NDPS Act are satisfied, and also noting that there are absolutely nothing on record to state that those twin conditions are satisfied, I do not find any merit in the present petition filed by the petitioner.
ORDER
The petition is dismissed.
Sd/JUDGE
*bgn/-
2 issues framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C. given the commercial quantity of narcotic drugs involved and the statutory bar under Section 37(1)(b)(ii) of NDPS Act?
Whether the twin conditions specified in Section 37(1)(b)(ii) of NDPS Act are satisfied to warrant bail despite the clear statutory bar?
3 provisions across 2 enactments
SYED HUSSAIN
THE UNION OF INDIA REPRESENTED BY NARCOTICS CONTROL BUREAU, BENGALURU
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
