Allowed

Abdul Khader Tansif @ Tansi v. State of Karnataka

Karnataka HC7 Nov 2024CRL.P/11500/2024

Case brief

AI extract

What is this about?

Accused in custody for over three years under the NDPS Act for seizure of about 23 kgs ganja sought successive bail after earlier rejection by the Sessions Court and this Court. Noting investigation complete, charge sheet filed long back and trial not begun, the Court granted bail with conditions.

What did the court decide?

Petitioner directed to be released on bail in Special Case No.35/2022 on personal bond Rs.2,00,000 with two sureties, subject to stated conditions.

Abdul Khader Tansif @ Tansi Vs State of Karnataka — Narcotics (NDPS) | Karnataka HC (2024)

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NC: 2024:KHC:44939 CRL.P No. 11500 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 11500 OF 2024

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BETWEEN:

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ABDUL KHADER TANSIF @ TANSI S/O LATE AHAMED AGED ABOUT 38 YEARS R/AT THOUDUGALI CROSS HOUSE NARINGANA VILLAGE BANTWAL TALUK D K DISTRICT -575 018.

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…PETITIONER

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(BY SRI. LETHIF B.,ADVOCATE)

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AND:

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STATE OF KARNATAKA BY KONAJE POLICE STATION MYSURU, MYSURU DISTRICT REP BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560 001.

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Digitally signed by SUMA B N Location: High Court of Karnataka

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…RESPONDENT

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(BY SMT. M.M. WAHEED, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC PLEASED TO RELEASE HIM ON BAIL IN SPL.C.NO.35/2022 (IN CR.NO.82/2020) OF KONAJE POLICE STATION, MYSURU DISTRICT, FOR THE OFFENCE P/U/S 8(c), 20(b)(ii)(c) OF NDPS ACT, PENDING BEFORE PRL. DIST. AND SESSIONS AND SPECIAL JUDGE, D.K. MANGALURU.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.NATARAJAN

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NC: 2024:KHC:44939 CRL.P No. 11500 of 2024

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ORAL ORDER

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Smt.M.M.Waheeda, learned HCGP accepts notice for respondent-State.

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This successive petition is filed by the petitioneraccused under Section 483 BNNS (439 of Cr.P.C.,) for granting bail in crime No.82/2020 of Konaje Police Station for the offences punishable under Sections 8(c), 20(b) (ii) (c) of NDPS Act.

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Heard the learned counsel for the petitioner and learned HCGP for the respondent.

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The case of the prosecution is that on 30.10.2020, Sri.Madhusudan, Police Inspector of Konaje Police Station received the information that some persons are selling ganja in Manjanadi Village. Immediately, he reported the same to the higher authority and along with panchas at 5.15 p.m., he found that one person was waiting at the spot by parking the motor cycle, he apprehended and enquired and found 11 bundles of ganja in a plastic bag which was totally measuring 23 kgs and 480 grams of ganja. He was arrested and remanded to judicial custody on 31.10.2020, since he is in custody, his earlier bail

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NC: 2024:KHC:44939 CRL.P No. 11500 of 2024

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petition came to be rejected before Prl.District and Sessions Court, Mangalore, Dakshina Kannada.

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Learned HCGP for the respondent-State objected that there is a commercial quantity seized from the custody of the petitioner.

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Upon hearing the arguments and on perusal of the records, previously this Court had rejected the bail petition on merits 09.07.2021. Even after three years, the trial is not yet begun and it is still under progress and the said accused is in custody. Though, the alleged ganja is commercial quantity, it is just 3 kgs more than the medium quantity, the investigation is completed and charge sheet has been filed long back, accused is in judicial custody for more than three years, but the trial is not started. Considering the above said facts and circumstances of the case, if the petitioner is granted bail, no prejudice would be caused to the case of the prosecution. Hence, the following:

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ORDER

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The Trial Court is directed to release the petitioner on bail in Special case No.35/2022, pending on the file of Principal

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NC: 2024:KHC:44939 CRL.P No. 11500 of 2024

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District and Sessions Judge, Mangaluru, D.K., subject to the following conditions:

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(i) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two surety for the likesum;

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(ii) Petitioner shall not indulge in similar offences strictly;

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(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;

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(iv) Petitioner shall not leave the jurisdiction without prior permission;

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(v) Petitioner shall take the Trial without causing any delay;

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(vi) If any of the conditions are violated, prosecution is at liberty to move the Court for cancellation of bail.

SD/(K.NATARAJAN)

JUDGE

List No.: 2 Sl No.: 3

Abdul Khader Tansif @ Tansi v. State of Karnataka

Case brief

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Abdul Khader Tansif @ Tansi v. State of Karnataka

Case brief

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