Syed Mustafa Vs the State of Karnataka

THE STATE OF KARNATAKA, CHOWK POLICE STATION, KALABURAGI, 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 GOPAL KRISHNA YADAV, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023 PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER/A-1 (AS PER FIR) ON BAIL IN CONNECTION WITH CRIME NO.17/2025 REGISTERED BY THE CHOWK POLICE STATION, KALABURAGI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 21(B), 22(B) OF NDPS ACT, 1985 AND THE SAME IS NOW PENDING ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE (JD) AND JMFC, KALABURAGI IN CRIME NO.17/2025.

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IN CRL.P.NO.200295/2025:

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BETWEEN:

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ANWAR S/O BABUMIYA NIMBARGA, AGE: 40 YEARS, OCC: AUTO DRIVER, R/O TAJ NAGAR, MUSLIM SANGH, KALABURAGI -585104, TQ: AND DIST: KALABURAGI.

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…PETITIONER

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(BY SRI SHRIHARSHA R. HARWAL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, CHOWK POLICE STATION, KALABURAGI, 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 GOPAL KRISHNA YADAV, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023 PRAYING TO ALLOW THIS PETITION AND

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ENLARGE THE PETITIONER/A-2 (AS PER FIR) ON BAIL IN CONNECTION WITH CRIME NO.17/2025 REGISTERED BY THE CHOWK POLICE STATION, KALABURAGI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 21(B), 22(B) OF NDPS ACT, 1985 AND THE SAME IS NOW PENDING ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE (JD) AND JMFC, KALABURAGI IN CRIME NO.17/2025.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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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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Since these two petitions are arising out of same

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crime number, they are taken up together for consideration.

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The brief facts of the case are as under:

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A complaint came to be registered by the complainant stating that he had received a message on 15.01.2024 around 7-15 p.m. that cough syrup was being sold in the cotton market near APMC, Kalaburagi. On

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confirming the said information, he secured the panchas and also requested the Assistant Drug Controller to be a part of the investigation team and went to the place, there it is stated to have noticed that an auto bearing its registration No.KA-32/C-9345 was parked near the said place. When the complainant enquired as to how they were selling and transporting the cough syrup contained narcotic items, they did not explain it satisfactorily. Therefore, the auto, the tablets and syrup bottles were seized and recovered. Thereafter, the case came to be registered against the accused.

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It is the submission of the learned counsel for

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the respective petitioners that the petitioners are innocent for the alleged offences and they have been falsely implicated in the case. In fact, they are not the habitual offenders. The petitioners were asked to deliver the drugs to a particular place from the wholesale dealer. Therefore, they were carrying it to dispose to the concerned

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destination, however, they were apprehended and

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registered a false case.

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It is further submitted that though the drug quantity has been considered as a commercial quantity, the fact remains that they had no knowledge about the drugs. Therefore, the ingredients of the offences cannot be attracted against them.

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It is further submitted that the petitioners are

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the only earning members of their respective families and the entire families are depending on the income of the petitioners. If they are in judicial custody for a longer period, the family members would suffer and also sustain the loss. Therefore, they may be enlarged on bail by imposing the suitable conditions. Making such submissions, he prays to allow the petition.

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Per contra, learned High Court Government Pleader vehemently opposed the bail petitions and submitted that the petitioners were carrying the narcotic

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drugs and also sleeping tablets in order to sell the same to the youths and public at large.

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It is further submitted that consuming the

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cough syrup to get intoxicated is rampant in and around Kalaburagi and it has to be regulated in order to avoid further complications. Therefore, the bail petitions of these petitioners have to be rejected in order to give a message to the society. Moreover, the seized drugs are prohibited drugs and it is a commercial quantity. Therefore, the bail applications have to be rejected. Making such submissions, he prays to reject the petitions.

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Having heard the learned counsel for the respective parties and also perused the averment of the complaint, it appear that accused No.1 was working as a broker and accused No.2 was working as an Auto driver. Both were said to be selling the drugs which are banned under the drugs Act.

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Be that as it may. The drugs which were seized

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by the investigating officer are cough syrup and it was manufactured from the authorized company. No case has been registered against the company which manufactured the said cough syrup. Whether the said cough syrup was being sold in an open market or was being carried out by the petitioners on proper documentation is a matter which required to be investigated.

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10. Having considered the nature of drugs and also

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that there are no other cases pending against the petitioners in respect to either similar cases or any other cases, it is appropriate to grant them bail by imposing suitable conditions.

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Hence I proceed to pass the following: ORDER

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(i) Both the criminal petitions are allowed. (ii) The petitioners are enlarged on bail by executing personal bonds for a sum of Rs.1,00,000/- each with one surety for the

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