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Petitioner bail application has been rejected under NDPS Act: Karnataka High court

The criminal petition is filed under section 439 of Cr.P.C ( special powers of high court or court of session regarding bail) for regular bail for the offence punishable under section 8(C)read with sections 22(a)(b)(c), 27,28 and 29of “ Narcotic Drugs and Psychotropic Substances Act” which is also referred to as NDPC by the petitioner. And the petition is rejected by the High court of Karnataka through the learned bench led by Honorable Mr. Justice H P Sandesh in the case of Sannala Sri Durga Rakesh Kumar vs State by Narcotics Control Bureau ( Criminal petition no.9518/2021) on 20th January 2022.

Brief facts of the case are that on 22nd October 2021 at about 8.10 hours, the complainant has received the credible information that a person by name Praneeth, aged around 20 years, will cross Devanahalli Toll Gate from Bengaluru City to Hyderabad in red coloured swift car bearing No.AP-37-DS-2191 along with other accused persons carrying 21 grams of MDMA pills, 40 grams of Methamphetamine, 3 grams of Methaqualone and 0.5 grams of ganja. The seized articles are in commercial quantity and for that he was charged under section 8(C)( prohibits the production, manufacturing, possession, selling, purchase, transport, warehouse, use, consumption, inter-state import and export, import to and from India or tranship of any narcotic drug or psychotropic substance, except for medical or scientific purposes, and requires a licence or permit by the concerned authorities) read with sections 22(a)( punishment for contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both section 22(b)(punishment for contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees) section 22(c)( punishment for contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees),27( punishment for consumption of any Narcotics drug or psychotropic substances),28( punishment for attempts to commit offences) and 29( punishment for abetment or criminal conspiracy) of “ Narcotic Drugs and Psychotropic Substances Act” under which punishment is up to 10 to 20 years and the matter is under investigation.

Arguments presented by the learned Counsel appearing on behalf of the petitioner that petitioner is in custody from two months and he is only an occupant of the car and from his conscious possession, nothing is recovered. Hence, he may be enlarged on bail and there is no need of custodial interrogation.

Arguments presented by learned central government counsel appearing on behalf of the respondent- state that the ganja which is seized from the car , is only a commercial quantity and the punishment for the same would be up to 10 to 20 years. Apart from that, he also presented that the matter is under investigation and at this juncture, the petitioner cannot be enlarged on bail, unless the supplier of the MDMA manufactured drug is apprehended. Hence, it is not a fit case to exercise the discretion in favour of the petitioner.

After hearing both the counsels and looking into the records presented before the Honorable court by the counsels that the drugs which were seized from the car are manufactured drugs and are also in a commercial quantity. And for the further investigation, petitioner presence is required as a result the court rejected the bail petition.

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Judgement Reviewed by Sugam Anand Mishra

 

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