IN the matter of Shiek Mohammed Arbaz vs State Of Karnataka on 25 November, 2022(CRIMINAL PETITION NO.10149/2022) proceeded by The hon’ble justice H.P.Sandesh stated This proposal is submitted according to § 439 tr.p.c. seeks proper bail of petitioner/accused No. 1 in Crime No. 68/2022 Bommanahalli Police Station, Bengaluru City, for an offense punishable under Section 22(c). (c) of the Narcotic and Psychotropic Substances Act of 1985 (the “NDPS” Act’ for short). Heard the learned Counsel appearing for the petitioner and the learned Government Herald of the Supreme Court appearing for the respondent/State.
FACTS OF THE CASE
This court had previously rejected the petitioner’s motion for bail in Resolution No. 4050/2022 dated June 21, 2022. While rejecting the bail application in paragraph 6 of the order, this Court took note of the quantity of MDMA which was seized and liberty was given to approach the court after the charge sheet was filed. The police have now investigated the case and filed a criminal complaint. The applicant therefore appealed to this court. Learned counsel appearing for the petitioner would submit that the only allegation is that 39 grams of MDMA was illegally seized from him and 10 grams is a commercial quantity and the petitioner had no criminal offences. Therefore, he may be granted bail and is ready to submit to such conditions as may be imposed by this honorable court. on the other hand, the representative of the government of the Supreme Court acts for the respondent – The State does not dispute the fact that there are no cases against this petitioner apart from this case. If there are no offenses against this petitioner and considering the quantity of MDMA i.e. 39 grams seized and an amount of Rs.16,500, the petitioner cannot be eligible for bail.
The hon’ble justice H.P.Sandesh observed that
The petition is allowed. Consequently, the petitioner/accused No. 1 shall be released on bail in Crime No. 68/2022 at Bommanahalli Police Station, Bengaluru City for an offense punishable under Section 22(c). c) of the NDPS Act under the following conditions:
(i) The Petitioner shall furnish a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties in like sum to the satisfaction of the competent Court.
(ii) The petitioner must not indulge in falsification of prosecution witnesses.
(iii) The Petitioner shall appear before the appropriate Court on all future hearing dates unless excused by the Court for any genuine reason.
(iv) The petitioner shall not leave the jurisdiction of the trial court without the prior consent of the court until the case against her is disposed of.
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JUDGEMENT REVIEWED BY HARSHA L NALWAR