Dismissed¶41

Shaikh Jashimuddin v. the State of Karnataka

Karnataka HC7 Mar 2025CRL.P/200264/2025

Case brief

AI extract

What is this about?

Bail rejected under S. 483 BNSS; NDPS Act 1985 Sections 8(c) and 20(b)(ii)C; ganja 28 kg; Konark Express; Wadi Railway Police Station; Crime No.87/2023; Spl Case NDPS No.2/2024; Principal District and Sessions Judge Kalaburagi; trial in progress; witnesses supported prosecution; petitioner permanent resident of Odisha; no railway ticket produced; High Court of Karnataka Kalaburagi Bench; CRL.P No. 200264 of 2025; Justice S Rachaiah; decided 07.03.2025.

What did the court decide?

It is not appropriate to grant bail at a stage when the recording of evidence is in progress and some of the witnesses have supported the case of the prosecution. ¶39

Shaikh Jashimuddin Vs the State of Karnataka — Narcotics (NDPS) | Karnataka HC (2025)

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1 - NC: 2025:KHC-K:1501 CRL.P No. 200264 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 7^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S RACHAIAH

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CRIMINAL PETITION NO.200264 OF 2025

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(439(Cr.PC)/483(BNSS))

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BETWEEN:

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SHAIKH JASHIMUDDIN S/O SHAIKH JAMIRUDDIN, AGE: 55 YEARS, OCC: COOK, R/O. LANKAPADA PALASUDHA (ORADI), TYANDUKURA, PATHKURA, KENDRAPARA, ODISHA-754134.

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…PETITIONER

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(BY SRI RAJESH DODDAMANI, ADVOCATE)

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AND:

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Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, WADI RAILWAY POLICE STATION, KALABURAGI DISTRICT, NOW REPRESENTED BY, THE ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585105.

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…RESPONDENT

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(BY SRI JAMADAR SHAHABUDDIN, HCGP)

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THIS CRL.P. IS FILED U/S 483 OF BNSS,2023 PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/A-1 (AS PER CHARGE SHEET) ON BAIL IN CONNECTION WITH CRIME NO.87/2023 WAS REGISTERED BY THE WADI RAILWAY POLICE STATION KALABURAGI DISTRICT FOR THE OFFENCES

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2 - NC: 2025:KHC-K:1501 CRL.P No. 200264 of 2025

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PUNISHABLE U/SEC. 20(b),(ii),(c), 8(c) OF NDPS ACT 1985 AND THE SAME IS NOW PENDING ON THE FILE OF THE HON’BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE KALABURAGI IN SPL CASE NDPS NO.2/2024.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S RACHAIAH)

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This petition is filed by the accused No.1 seeking to release him on bail in Crime No.87/2023 of Wadi Railway Police Station, Kalaburagi, registered for the offences punishable under Sections 8(c) and 20(b)(ii)C of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

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It is the case of the prosecution that the charge sheet came to be filed against the accused persons stating they were travelling in a train namely, Konark Express in S-I Bogie, Seat No.41. It is also stated that they were possessing the contraband article namely, Ganja. It was seized and weighed and it was weighing about 28

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3 - NC: 2025:KHC-K:1501 CRL.P No. 200264 of 2025

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kilograms. The police have arrested the accused persons. The petitioner is arrayed as accused No.1 in the charge sheet and he was arrested on 06.07.2023.

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Heard learned counsel for the petitioner

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Sri Rajesh Doddamani and learned High Court Government Pleader Sri Jamadar Shahabuddin for the respondent – State.

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It is the submission of learned counsel for the

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petitioner that the petitioner is a law abiding citizen and is no way connected with the alleged crime. The petitioner

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has been falsely implicated in this case only in order to show the statistic to the officials. It is further submitted that the procedure as contemplated under Section 42 of the NDPS Act has not been complied. The alleged contraband Ganja was not seized from the person of the petitioner or at his instance. The prosecution has cited CW.4 as a witness to the panchanama and he has been examined as PW.3, however, he turned hostile. When such being the fact, the prayer made by the petitioner is

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4 - NC: 2025:KHC-K:1501 CRL.P No. 200264 of 2025

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deserves to be granted. Making such submissions, he prays to allow the petition.

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Per contra, the learned High Court Government Pleader vehemently opposed the said submissions and he further submitted that the petitioner is a habitual offender and he is involved in many other cases. The recording of the evidence is in process and some of the witnesses have been examined in this case. Therefore, at this stage, it is not appropriate to grant bail to the petitioner. Making such submissions, he prays to dismiss the petition.

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Having heard the learned counsel for the respective parties and perused the averments made in the charge sheet and also the evidence of the witnesses, it appears from the records that on 06.07.2023 about 4.00 p.m., the first informant had received a credible information that, the accused persons were transporting Ganja from Secunderabad to Kalaburagi. He along with his staff and panchas went to the said bogie and conducted the raid. After conducting raid, they found that

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5 - NC: 2025:KHC-K:1501 CRL.P No. 200264 of 2025

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there was 28 kilograms of Ganja, which was being transported by the accused persons. Though the learned counsel for the petitioner argued that the petitioner was not aware about possession of the said Ganja, they did not produce railway ticket to show that the petitioner was traveling in the said train as on the alleged date of incident.

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Be that as it may, the fact remains that the evidence is in progress and some of the witnesses have supported the case of the prosecution. The petitioner is the permanent resident of Odisha. Therefore, it is not appropriate to grant him bail. In the light of the observations made above, I proceed to pass the following:

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ORDER

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The criminal petition stands rejected.

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Sd/(S RACHAIAH) JUDGE

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SRT List No.: 1 Sl No.: 16 CT:PK

Shaikh Jashimuddin v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shaikh Jashimuddin v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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