This judgment granted regular bail to the petitioner涉嫌贩毒罪，因侦查机关未遵守《2002年禁毒法》第50条和第52A条的强制性要求，且同案其他被告已获得保释。
Petitioner enlarged on regular bail subject to execution of personal bond of Rs.1,00,000 with one surety, regular appearances at the trial court, and no tampering with prosecution witnesses.
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.
NC: 2023:KHC:40305 CRL.P No. 6531 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6531 OF 2023
BETWEEN:
SRI. MOHAMMED FERDHIN @ MOHAMMED FARDEEN, S/O LATE SRI. MOHAMMED RIZWAN, AGED ABOUT 23 YEARS, R/AT 9TH CROSS, KARAMCHAND LAYOUT, LINGRAJPURAM, BENGALURU - 560 084.
…PETITIONER
(BY SRI. BINU M, ADVOCATE)
AND:
Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA
STATE BY KARNATAKA, BANASWADI P.S., REPRESENTED BY SPP/HCGP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
…RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO GRANT BAIL TO THE PETITIONER IN SPL.C.C.NO.806/2023 ARISING OUT OF CR.NO.468/2022 FOR THE OFFENCE P/U/S.8(c), 22(b), (c) OF NDPS ACT 1985 REGISTERED BY THE RESPONDENT POLICE WHICH IS PENDING BEFORE THE
NC: 2023:KHC:40305 CRL.P No. 6531 of 2023
HONBLE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-33) AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Accused No.2 in Special C.C. No.806/2023 pending before the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, Bengaluru arising out of Crime No.468/2022, registered by Banaswadi Police Station, for the offences punishable under Sections 8(c), 22(b) and 22(c) of NDPS Act is before this Court under Section 439 Cr.P.C seeking regular bail.
2. Heard the learned counsel for parties.
NC: 2023:KHC:40305 CRL.P No. 6531 of 2023
persons were making efforts to sell narcotic drugs to public in the basement area of an apartment. The complainant and his staff had apprehended three persons who revealed their names as Syed Abdul Rehaman, Mohammed Ferdin, Syed Fahad. From the possession of accused No.1, 25 LSD strips were seized and from the possession of accused No.2, 25 LSD strips and from the possession of accused No.3, 20 grams of MDMA crystals were seized. The seized contraband articles were subjected to panchanama and they were brought to the police station along with apprehended accused persons and FIR was registered against them for the aforesaid offences. Subsequently, accused were produced before the Court and remanded to judicial custody. Bail application filed by the petitioner before the trial Court in Crl.Misc.5471/2023 was dismissed on 06.07.2023. Therefore, the accused is before this Court.
petitioner has no criminal antecedents. Accused Nos.1 and
3 have been already granted regular bail by this Court. Investigation in the case is completed and charge sheet has been filed and the petitioner is in custody for the last more than one year. Accordingly, he prays to allow the petition.
on the possession of accused Nos.1 and 2, 25 LSD strips each were seized and found from the possession of accused No.3, 20 gms of MDMA crystals were seized. In the FSL report, the contraband articles seized from accused No.1 has been tested positive in the chemical examination. Considering the said aspect of the matter,
this Court had granted regular bail to accused No.1 in Crl.P.7399/2023 disposed of on 30.10.2023. So far as
NC: 2023:KHC:40305 CRL.P No. 6531 of 2023
accused No.3 is concerned, this Court had granted regular bail in Crl.P.No.3733/2023 disposed of on 30.05.2023.
this Court to grant regular bail to accused No.1 would also applicable to the case of the petitioner. Under these circumstances, I am of view that the prayer made by the petitioner for grant of regular bail is required to be answered in affirmative.
ORDER
The Criminal Petition is allowed .
The petitioner is directed to be enlarged on bail in Crime No.468/2022 of Banaswadi Police Station registered
for the offences punishable under Sections 8(c), 22(b) and
22(c) of NDPS Act, subject to the following conditions:
NC: 2023:KHC:40305 CRL.P No. 6531 of 2023
only) with one surety for the likesum, to the satisfaction of the jurisdictional Court;
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;
SD/JUDGE
rv
CT: BHK
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. in an NDPS case where strict NDPS compliance was not observed.
Whether the reasoning applied to a co-accused for granting regular bail is applicable to the present petitioner.
SRI. MOHAMMED FERDHIN @ MOHAMMED FARDEEN
STATE
S Vishvajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
