Allowed

Sri. Ravi Nayaka @ Ravi v. Union of India

Karnataka HC5 Nov 2024CRL.P/8806/2024

Case brief

AI extract

What is this about?

Regular bail sought by accused No.2 in an NCB ganja case. No contraband was recovered from him; he was implicated solely through accused No.1's Section 67 confession, held inadmissible per Toofan Singh. Accused No.1 had already been granted bail due to defective sampling. Antecedents did not outweigh these factors; bail granted with conditions.

What the court decided

AI extract

Sri. Ravi Nayaka @ Ravi Vs Union of India — Narcotics (NDPS) | Karnataka HC (2024)

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1 - NC: 2024:KHC:44408 CRL.P No. 8806 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8806 OF 2024

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BETWEEN:

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SRI. RAVI NAYAKA @ RAVI S/O LATE NAGA NAYAKA, AGED ABOUT 40 YEARS, R/AT SOLLAPURA VILLAGE, METIKUPPE POST, HEGGADADEVANAKOTE TALUK, MYSORE DISTRICT - 571 114.

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…PETITIONER

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(BY SRI. NAGAIAH., ADVOCATE)

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AND:

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Digitally signed by KAVYA R Location: High Court of Karnataka

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UNION OF INDIA, BY NARCOTICS CONTROL BUREAU, BANGALORE ZONAL UNIT, REP BY SPECIAL PUBLIC PROSECUTOR, BANAGALORE-560 063.

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…RESPONDENT

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(BY SRI. MADHUKAR.M.DESHPANDE., STANDING COUNSEL)

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THIS CRL.P IS FILED U/S.439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER ON BAIL IN CR.NO.48/135/2023/BZU, SPL.CC.NO.636/2024, FOR THE OFFENCE P/U/S 8(C),20(B) II (C),28, 29 OF NDPS ACT OF RESPONDENT NARCOTICS CONTROL BUREAU, BANGALORE ZONAL UNIT, BANGALORE, PENDING ON THE FILE OF HONBLE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS), BENGALURU.

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NC: 2024:KHC:44408 CRL.P No. 8806 of 2024

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Spl.C.C.No.636/2024 pending before the Court of XXXII Addl. City Civil & Sessions Judge & Special Judge (NDPS), Bengaluru, arising out of Crime No.48/1/35/2023/BZU registered by Narcotic Crime Bureau Police Station, Bengaluru City for the offences punishable under Sections 8(c) r/w 20(b) ii (c) & 28 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) is before this Court seeking regular bail.

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Heard the learned counsel appearing for the parties.

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Based on credible information, the NCB officers of Bengaluru Zonal unit formed a team to apprehend the suspect Satish Kumar, who allegedly was traveling from Visakapatnam junction to Bengaluru in Prashanthi Express train. After Satish Kumar arrived at platform No.5 of the KSR Bengaluru railway station, Bengaluru-23 on

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3 - NC: 2024:KHC:44408 CRL.P No. 8806 of 2024

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18.09.2023, he was apprehended by the team of NCB,

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Bengaluru Zonal unit and from his possession 4 bags were recovered which contained contraband article ganja totally weighing 30 kg 720 grams. The seized contraband article was subjected to panchanama and thereafter, apprehended accused Satish Kumar and seized contraband articles were brought to the office of NCB and on the basis of confession statement made by Satish Kumar, FIR was registered against him and two others.

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After completion of investigation, charge sheet was filed against three persons and petitioner herein was arrayed as accused No.2 in the charge sheet. Subsequently, he was arrested on 07.07.2024 and produced before the Trial Court and remanded to judicial custody. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.6675/2024 was rejected on 08.08.2024. Therefore, he is before this Court.

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Learned Counsel for the petitioner submits that

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undisputedly there is no recovery of any contraband article

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4 - NC: 2024:KHC:44408 CRL.P No. 8806 of 2024

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from the petitioner in the present case. Petitioner is implicated as accused only on the basis of the confession statement made by accused No.1. According to the prosecution, the contraband article Ganja, which was handed over to accused No.1 by accused No.3/Basishta Kumar Giri, was supposed to be delivered to accused No.2 in Bangalore by accused No.1. He submits that accused No.1, from whose possession contraband article Ganja has been recovered in the present case has been granted regular bail by this Court in Crl.P.No.7800/2024. Accordingly, he prays to allow this petition.

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Per contra , learned Counsel appearing for the respondent who has filed statement of objection has opposed the petition. He submits that petitioner has got another case registered against him in Crime No.360/2023 by Visakhapatnam Police Station, Vijayawada Distict. He submits that since the petitioner is a person with criminal antecedents his prayer cannot be granted in view of rigour under Section 37(1)(b) of the NDPS Act. Accordingly, he prays to dismiss this petition.

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5 - NC: 2024:KHC:44408 CRL.P No. 8806 of 2024

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Accused No.1/Satish Kumar was apprehended

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in the present case on 18.09.2023, along with contraband article Ganja totally weighing 30 kg 720 grams which was allegedly handed over to him by accused No.3 to be delivered at Bangalore to the petitioner. After accused No.1 was arrested, based on his confession statement, even accused Nos.2 and 3 have been arrayed as accused in the present case. It is not in dispute that there is no recovery of any contraband article Ganja from the possession of the petitioner herein in the present case. Accused No.1 from whose possession totally 30 kg 720 grams of contraband article Ganja was seized, has been granted regular bail by this Court in Crl.P.No.7800/2024 disposed of on 26.09.2024, on the ground that the prosecution has failed to comply the requirement of Rule 10 of NDPS Rules, 2022 and the sample of the seized contraband article was not collected in the present case in

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the manner known to law. Petitioner herein has been arrested only on the basis of confession statement made by accused No.1 under Section 67 of the NDPS Act. The

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6 - NC: 2024:KHC:44408 CRL.P No. 8806 of 2024

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Hon'ble Supreme Court in the case of TOOFAN SINGH V

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STATE OF TAMILNADU - AIR 2020 SC 5592 has held that the statement made under Section 67 of the NDPS Act is not admissible evidence.

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Though it is brought to the notice of this Court that petitioner has been arrayed as accused in Crime No.360/2023 resisted by Visakhapatnam Police Station, Vijayawada Distict, perusal of the FIR in the said case, which is made available to this Court would reveal that even in the said case, the petitioner is said to be the receiver from accused No.1 who was caught red handed while transporting contraband article Ganja totally weighing 6 kg. Even in the said case, no contraband article was seized from the possession of the petitioner.

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FIR in Crime No.360/2023 by Visakhapatnam Police Station, Vijayawada Distict was registered after registration of the present case against the petitioner. Investigation in the present case is already completed and charge sheet has been filed. Considering the aforesaid

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NC: 2024:KHC:44408 CRL.P No. 8806 of 2024

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aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required

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to be answered affirmatively. Accordingly, the following:

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ORDER

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in Spl.C.C.No.636/2024 pending before the Court of XXXII Addl. City Civil & Sessions Judge & Special Judge (NDPS), Bengaluru, arising out of Crime No.48/1/35/2023/BZU registered by Narcotic Crime Bureau Police Station, Bengaluru City for the offences punishable under Sections 8(c) r/w 20(b) ii (c) & 28 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act), subject to the following conditions:

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a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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8 - NC: 2024:KHC:44408 CRL.P No. 8806 of 2024

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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;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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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.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KVR

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List No.: 1 Sl No.: 42

Sri. Ravi Nayaka @ Ravi v. Union of India

Case brief

What is this about?

What the court decided

Sri. Ravi Nayaka @ Ravi v. Union of India

Case brief

What is this about?

What the court decided

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