Mr. Rajib Mallick Vs State by Karnataka by

THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.398/2025 ARISING OUT OF CR.NO.29/2024 REGISTERED AT CEN CRIME P.S., MYSURU CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(b)(ii)(c) OF NDPS ACT, 1985, PENDING BEFORE THE HONBLE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.1 under Section 483 of Bharatiya Nagark Suraksha Sanhita, 2023 praying to grant bail in Crime No.29/2024 of CEN Crime Police Station, Mysore registered for offences punishable under Section 20(b)(ii)(c) of Narcotic Drugs and psychotropic Substances Act, 1985 pending in Special Case No.398/2024 on the file of the learned VII Additional District and Sessions Judge, Mysuru.

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Heard the learned counsel for petitioner and learned

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High Court Government Pleader for respondent/State.

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Learned counsel for petitioner would contend that, accused Nos.2 to 6 have been granted bail. Accused No.2 is similarly placed to that of this petitioner. Charge sheet has been filed. The vehicle in which the contraband has been seized

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HC-KAR

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is belonged to accused No.2. Accused No.2 was in contact with accused Nos.3 to 6. The petitioner is a resident of Orissa, and only on that ground, his bail application has been rejected by the Trial Court. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition.

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Per contra, the High Court Government Pleader for respondent - State would contend that, the voluntary statement of this petitioner/accused No.1 has been recorded. In the said statement, he has admitted that, the villagers in Orissa were throwing ganja seeds, and ganja was grown, and anybody can take ganja, and he has supplied ganja 3-4 times earlier. The quantity seized is a commercial quantity. The total weight of quantity seized is 85 kgs 730 grams. The FSL report indicates that, contraband seized is positive for ganja. The offence alleged against the petitioner is punishable with imprisonment for life which may extend to twenty years and fine. If the petitioner is granted bail, there are chances of he committing similar offence. The petitioner is the resident of Orissa. If he is granted bail, he will flee from justice and not available for trial. With this, he prayed to reject the petition.

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HC-KAR

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Having heard the learned counsel, the Court has

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perused the charge sheet and other materials placed on record.

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The brief case of the prosecution is that, accused Nos.3 and 4 contacted accused No.2 through phone calls and Whatsapp calls, and accused Nos.3 to 5 had purchased narcotic substance i.e. ganja nearly 2-3 times from accused Nos.1 and 2, and accused No.2 from his mobile sent a photograph of ganja to the mobile of accused No.3, and also sent photograph of ganja through Whatsapp to the mobile of accused No.4. The accused Nos.3 to 5 with an intention to gain money from selling the ganja illegally contacted accused No.2 during last week of December 2023, and stated about necessity of 35-40 kgs of ganja, and for the said purpose, accused Nos.1 and 2 brought totally of 85 kgs 730 grams of ganja in order to sell the same to accused Nos.3 to 5. The said ganja has been seized from the conscious possession of the accused Nos.1 and 2, which was kept in the vehicle. The accused Nos.1 to 4 and 6 are in continuous contact with each other through Whatsapp as per FSL report of CW26.

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HC-KAR

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The petitioner/accused No.1 is a resident of Orissa. The accused No.2 is a resident of Andhra Pradesh. The quantity of ganja seized from the car in which this petitioner was moving, is 85 kgs 730 grams worth Rs.25,57,000/-. The quantity of ganja seized is commercial quantity. Therefore, provision contained in Section 37 of NDPS Act, 1985 applies. Therefore, at this stage, it cannot be said that, there are reasonable grounds for believing that, petitioner is not guilty of offence under NDPS Act, 1985, and he is not likely to commit any offence while on bail. Merely because of the petitioner is in custody since 30.01.2024. It is not a ground for grant of bail, since the offence involved is a heinous offence affecting the entire society, particularly, the youngsters. If the petitioner is granted bail, there are chances of he committing similar offence and flee from justice.

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