Devaraj Poojary Vs State of Karnataka by

THIS CRL.P IS FILED U/S 439 OF CR.P.C. (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.193/2024 OF KAVOOR P.S. MANGALORE, FOR THE OFFENCES P/U/S 8(C), 21(C), 22(C) OF NDPS ACT, 1985, PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, D.K., AT MANGALORE IN THE INTEREST OF JUSTICE.

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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 S. VISHWAJITH SHETTY

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NC: 2025:KHC:16921 CRL.P No. 4987 of 2025

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ORAL ORDER

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Accused No.1 in Crime No.193/2024 registered by Kavoor Police Station, Mangalore for the offences punishable under Sections 8(c), 21(c) and 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), is before this Court under Section 439 of the Criminal Procedure Code, 1973, seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.193/2024 was registered against

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the petitioner and two others based on the first information dated 18.12.2024 registered by Mallikarjuna Biradar, Police Officer attached to Kavoor Police Station, Mangalore, D.K.District. During the course of investigation, petitioner herein was arrested on 18.12.2024 and from his possession 3.343 kgs of contraband article allegedly ganja, 9 grams of contraband article allegedly MDMA and 35 MDMA pills were recovered. The petitioner who was arrested, was thereafter

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produced before the Court and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court

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in Crime No.193/2024 was rejected on 18.03.2025. Therefore, he is before this Court.

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Learned counsel appearing for the petitioner

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submitted that the petitioner has no criminal antecedents and is in judicial custody for the last more than four months. The contraband article in the present case is of intermediate quantity. Accordingly, prays to allow the petition.

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Per contra, learned High Court Government Pleader opposed the petition on the ground that the investigation of the case is in progress. However, she does not dispute that the contraband article seized from the possession of the petitioner is of intermediate quantity.

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The material on record would go to show that based on the credible information received, the first informant had conducted a raid along with his staff and panchas and had apprehended accused Nos.1 to 3. The arrest and seizure mahazar dated 18.12.2024 prepared by the Investigating Officer would go to show that separate recoveries were made from the accused persons and from the possession of the petitioner herein, contraband article which were kept in a bag

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inside the car belonging to the petitioner herein was recovered. A reading of the seizure mahazar would go to show that contraband article allegedly ganja totally weighing 3 kg 39 grams, contraband article allegedly MDMA totally weighing 9 grams and 35 MDMA pills which are not weighed, were seized. It is not in dispute that the aforesaid contraband article seized from the possession of the petitioner is of intermediate quantity. Undisputedly, the petitioner has no other criminal antecedents. Therefore, the rigour under Section 37(1)(b) of the Act cannot be made applicable as against the petitioner. Major portion of the investigation is already completed and the petitioner is in judicial custody for the last more than four months.

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Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative, without expressing any opinion on the merits and demerits of the case. Accordingly, the following:

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ORDER

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.193/2024 registered by Kavoor

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Police Station, Mangalore for the offences punishable under Sections 8(c), 21(c) and 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:

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a) Petitioner shall execute a personal bond for a

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sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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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;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of

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the Trial Court without permission of the said Court until the case registered against him is disposed of.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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RV