High Court allowed criminal petition for bail under Sec. 439 Cr.P.C. Ashwaak Ali, accused of possessing 35g of methamphetamine under NDPS Act, granted bail after noting no criminal antecedents and similarity to co-accused already released on bail.
Petitioner enlarged on bail subject to personal bond of Rs. 1,00,000/- with two sureties and standard conditions.
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:40304 CRL.P No. 9439 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. 9439 OF 2023
BETWEEN:
ASHWAK ALI, S/O MOHAMMED ALI, AGED 21 YEARS, R/AT PURANGA VILLAGE, KANHIRAMUKKU POST, PONNANI TALUK, MALAPPURAM DISTRICT KERALA STATE - 579 577.
…PETITIONER
(BY SRI. RAJU C.N, ADVOCATE)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
STATE OF KARNATAKA, BY K.R.PURAM POLICE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE, BANGALORE - 560 009. …RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.411/2023 OF K.R.PURAM P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 8(c) AND 22(c) OF NDPS ACT ON THE FILE OF THE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT BENGALURU.
NC: 2023:KHC:40304 CRL.P No. 9439 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Accused No.2 in Crime No.411/2023 registered by K.R.Puram police station, Bengaluru City, for the offences punishable under Sections 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS' Act for short), is before this Court under Section 439 of Cr.P.C.
The material on record would go to show that on the basis of the credible information received by the informant on 12.07.2023, after obtaining necessary permission from the higher officers to conduct the raid, the informant along
NC: 2023:KHC:40304 CRL.P No. 9439 of 2023
with his staff and panchas had conducted raid on the alleged spot where the suspected were making attempt to sell the contraband article and had apprehended three persons from the spot. On enquiry they revealed their names as Riyas S/o Shahjahan, Ashwaak Ali S/o Mohammed Ali and Anand Raj S/o Somarajan. From the possession of accused No.1, 45 gms of contraband article MDMA was seized and from the possession of accused Nos.2 and 3, 35 gms and 40 gms of MDMA was seized respectively. The total weight of the seized contraband article was found to be 120 gms. The same was subjected to panchanama and the informant had brought the apprehended accused and seized contraband article to the police station and subsequently the accused persons were produced before the Court and remanded to judicial custody. The petitioner was produced before the Jurisdictional Court and remanded to the judicial custody along with accused Nos.1 and 3. Bail application filed by the petitioner before the trial Court in
NC: 2023:KHC:40304 CRL.P No. 9439 of 2023
Crl.Misc.No.7405/2023 was rejected on 17.08.2023. Therefore, the petitioner is before this Court.
along with accused Nos.1 and 3 and produced before the jurisdictional Court and all the accused persons were remanded to the judicial custody. The contraband articles seized was thereafter, forwarded to Forensic Science Laboratory for the purpose of chemical examination and the test report now received from the laboratory, would go to show that the contraband articles seized from the possession of the accused has responded positive to the drug known as methamphetamine. Undisputedly, from the possession of the petitioner, only 35 gms of contraband article was seized and since it has now responded positive for Methamphetamine, the same would amount to intermediate quantity. Accused Nos.1 and 3 who are similarly placed, have been enlarged on bail by this Court in Crl.P.No.8244/2023. The petitioner has no criminal antecedents. Under these circumstances, I am of the view that the petitioner has made out a case for grant of regular bail. Accordingly, the following:
NC: 2023:KHC:40304 CRL.P No. 9439 of 2023
O R D E R
The petition is allowed .
The petitioner is directed to be enlarged on bail in Crime No.411/2023 registered by K.R.Puram police station, Bengaluru City, for the offences punishable under Sections 8(c) and 22(c) of NDPS Act, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties and out of the two one shall be a local 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;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
NC: 2023:KHC:40304 CRL.P No. 9439 of 2023
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/JUDGE
rv List No.: 1 Sl No.: 38 CT: BHK
2 issues framed by the court
Whether the petitioner, accused of possessing 35gms of methamphetamine with no prior criminal record, is eligible for regular bail considering the quantum of contraband.
Whether the petitioner is similarly placed to co-accused who have already been enlarged on bail.
Colour shows how this judgement treated each authority
Crl.P.8244/2023Referred¶29
2 provisions across 2 enactments
Ashwaak Ali
State of Karnataka
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
