Accused No.2 in an NDPS case sought regular bail. No contraband was recovered from him; only a two-wheeler was seized from his possession and he had no criminal antecedents. The High Court held Section 37(1)(b) NDPS rigour did not strictly apply and enlarged him on bail with conditions including bond, sureties and non-tampering.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9072 OF 2024
BETWEEN:
PRASHANT @ PRASHANTH SURESH, S/O. PRASHANTH SURESH SAVANTH, AGED ABOUT 36 YEARS, R/AT 6TH CROSS, ATTUKAL LAYOUT, MUNESHWARA LAYOUT, KATEGENAHALLI, BENGALURU - 560 064.
PERMANENTLY AT NO. 10, GANESH NAGAR, NEAR GANESH, MANDIR, YARAWAD TALUK, HAVELOCK, PUNE, MAHARASHTRA - 411 006.
Digitally signed by KAVYA R Location: High Court of Karnataka
(BY SRI. NARAYANA SWAMY K J.,ADVOCATE)
AND:
…PETITIONER
AMRUTHAHALLI POLICE STATION, BENGALURU - 560 092.
…RESPONDENTS
(BY SRI.RAHUL RAI.K., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE ACCUSED/PETITIONER ON REGULAR BAIL IN CR.NO.141/2024 PENDING ON THE FILE OF THE XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS), BENGLAURU (CCH-35) FOR THE OFFENCE P/US/ 8(C), 20(B)(ii), 22(C) OF NDPS ACT AND SEC.14 OF THE FOREIGNERS ACT OF AMURUTHHALLI POLICE STATION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.2 in Spl.C.C.No.1929/2024 pending before the Court of XXXIV Additional City Civil and Sessions Judge and Special Judge, (NDPS), Bengaluru, arising out of Crime No.141/2024 registered by Amruthahally Police Station, Bengaluru City, for the offences punishable under Sections 8(c), 20(B)(ii) and
22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as 'the NDPS Act' for
short), and Section 14 of the Foreigners Act, is before this Court under Section 439 of Cr.P.C., seeking regular bail.
to the police station, and thereafter, they were arrested and produced before the Jurisdictional Sessions Court and
remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against three persons for the aforesaid offences. Petitioner is arrayed as accused No.2 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.6031/2024 was rejected on 30.07.2024. Therefore, he is before this Court.
petition. He submits that the contraband article seized in the present case is of commercial quantity, and therefore, the rigour under Section 37(1)(b) of the NDPS Act is
applicable to the petitioner herein. Accordingly, he prays to dismiss this petition.
7. Undisputedly, petitioner has no other criminal
antecedents and he is in custody from 17.05.2024. Investigation of the case is completed and charge sheet has been filed. Considering the fact that there is no seizure of contraband article from the possession of the petitioner, I am of the opinion that rigour under Section 37(1)(b) of the NDPS Act cannot be strictly made applicable to the petitioner. Under the circumstance, I am of the view that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
ORDER
The petition is allowed .
The petitioner is directed to be enlarged on bail in Spl.C.C.No.1929/2024 pending before the Court of XXXIV Additional City Civil and Sessions Judge and Special Judge, (NDPS), Bengaluru, arising out of Crime No.141/2024 registered by Amruthahally Police Station, Bengaluru City,
for the offences punishable under Sections 8(c), 20(B)(ii) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as 'the NDPS Act' for short), and Section 14 of the Foreigners Act, subject to the following conditions:
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, and out of the same one surety shall be local surety 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;
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/(S VISHWAJITH SHETTY) JUDGE
KVR List No.: 1 Sl No.: 22
2 issues framed by the court
Whether the rigour of Section 37(1)(b) NDPS Act applies where no contraband was seized from the petitioner's possession.
Whether the petitioner, in custody since arrest with charge sheet filed, should be enlarged on regular bail.
4 provisions across 3 enactments
Prashant @ Prashanth Suresh
The State of Karnataka, by Amruthahalli P.S.
Sriramaiah, Police Inspector, Amruthahalli Police Station
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
