Syed Noor Vs State of Karnataka by — Narcotics (NDPS) | Karnataka HC (2025)

Syed Noor Vs State of Karnataka by — Narcotics (NDPS) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner/accused No.2 directed to be released on bail in Crime No.319/2022 (SPLC.11/2023) registered by Madanayakanahalli Police Station, pending before the VIII Addl. Dist. and Sessions Judge, Bangalore Rural District, on a personal bond of Rs.2,00,000/- with two sureties, subject to conditions (no similar offences, no tampering with witnesses, no leaving jurisdiction without prior permission, fortnightly police attendance for 6 months or till disposal of the case, whichever is later); breach permits the prosecution to seek cancellation of the bail order.

Issue for consideration

Whether the petitioner/accused No.2 should be released on regular bail under Section 439 of Cr.P.C. (Section 483 of BNSS) in Crime No.319/2022 (SPLC.11/2023) registered by Madanayakanahalli Police Station for the offence punishable under Section 20(B) of NDPS Act, 1985. +1 more

Court's answer

The criminal petition is allowed and the Trial Court is directed to release the petitioner/accused No.2 on bail in Crime No.319/2022 (SPLC.11/2023) registered by Madanayakanahalli Police Station, pending on the file of the VIII Addl. Dist. and Sessions Judge, Bangalore Rural District, subject to conditions.

Ratio / Principle

Keeping the accused in custody amounts to pre-trial detention; since CW1 is the official witness/PSI, there is no question of tampering with witnesses by the accused, and grant of bail on conditions would cause no prejudice to the prosecution case.

Key takeaways

Release on bail conditioned on execution of a personal bond of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer, together with conditions that the petitioner shall not indulge in similar offences, shall not tamper with prosecution witnesses directly or indirectly, shall not leave the jurisdiction without prior permission of the trial Court, and shall appear before the concerned police and mark attendance once in a fortnight (every 2nd and 16th of the calendar month, 10:00 a.m. to 4:00 p.m.) for 6 months or till disposal of the case, whichever is later; violation entitles the prosecution to seek cancellation of the bail order.ratio¶¶37

Detailed headnote1 paragraphs

Bail — NDPS Act, S.20(B) — petition under S.439 Cr.P.C. / S.483 BNSS by accused No.2 in Crime No.319/2022 (SPLC.11/2023), Madanayakanahalli Police Station — recovery of ganja exceeding 51 kgs (25 kgs from accused No.1, 26 kgs from petitioner) from car KA 50 M 6711 on 03.07.2022, held to be commercial quantity almost 2.5 times the threshold — charge sheet filed, charges framed long back, trial commenced but stalled: CW1 (complainant PSI) persistently absent despite NBW and attachment of salary, while panch witnesses CW2 and CW3 examined as PW1 and PW2 — Court held continued custody amounted to pre-trial detention and, CW1 being an official witness, tampering did not arise, so conditional bail would cause no prejudice to prosecution — earlier bail application having been dismissed, successive petition ALLOWED; bail on personal bond of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties, with conditions of abstention from similar offences, no witness tampering, no leaving jurisdiction without trial Court permission, and fortnightly police attendance for 6 months or till disposal of case, whichever is later; violation entitles prosecution to seek cancellation. (K. Natarajan J., 16-01-2025)