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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF JUNE, 2022

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION NO.3484/2022

BETWEEN:

MR. SAYYAD MOHAMMAD @ NASIM,

S/O ABDUL AZIZ,

AGED 31 YEARS,

R/AT ABDULLA MANZIL,

VENKATESH LAYOUT,

NEAR HANAFI MASJID,

KUSHALNAGAR,

KODAGU DISTRICT 3 571234.

& PETITIONER

(BY SRI HASMATH PASHA, SENIOR COUNSEL A/W

SRI NAZIR ALI FOR H.P.UNIQUE & CO., ADVOCATE)

AND:

STATE OF KARNATAKA,

BY ECONOMIC AND NARCOTIC CRIME

POLICE STATION,

MANGALORE CITY-575001

(REP. BY LEARNED STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BANGALORE).

& RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

CR.NO.30/2021 OF ECONOMIC AND NARCOTIC CRIME POLICE

STATION, MANGALURU CITY FOR THE OFFENCE PUNISHABLE

UNDER SECTIONS 8(C) AND 20(B)(ii)(c) OF NDPS ACT AND

SECTIONS 4 AND 25(1B)(b) OF ARMS ACT AND SECTION 201 READ

WITH SECTION 34 OF IPC PENDING ON THE FILE OF THE

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PRINCIPAL

DISTRICT

AND

SESSIONS

JUDGE,

DAKSHINA

KANNADA, MANGALURU.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed under Section 439 of Cr.P.C. seeking

regular bail of the petitioner in Crime No.30/2021 of Economic

and Narcotic Crime Police Station, Mangaluru City, for the

offence punishable under Sections 8(C) and 20(B)(ii)(c) of

Narcotic Drugs and Psychotropic Substances Act, 1985 (8NDPS

Act9 for short) and Sections 4 and 25(1B)(b) of Arms Act and

Section 201 read with Section 34 of IPC.

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the case of the prosecution is

that accused No.1 had procured the ganja to the tune of 217

kgs. 740 grams from Andhra Pradesh, Vishakapatna and

bifurcated the same and accused Nos.2 to 4 have purchased the

same and accused No.6 provided eicher insulator vehicle to

transport the same and accordingly the same was transported

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with three talwars and knife and when the vehicle reached

Hassan, this petitioner along with accused No.3 transported the

ganja to the tune of 60 kgs. 680 grams in KA-03-MK-0649

Skoda car and accused Nos.2 and 4 in the other eicher insulator

lorry to the tune of 157 kgs. 60 grams and transported the same

via Mangalore to Kerala and the same was seized and

accordingly the case has been registered, investigated the

matter and filed the charge-sheet.

4.

The learned counsel for the petitioner submits that

the petitioner has not procured the ganja and the vehicle also

not

belongs

to

this

petitioner

and

the

petitioner

was

apprehended on 23.05.2021 itself and though he was taken to

custody, he was not produced before the Court and only showed

that he was arrested on 26.05.2021 and this petitioner is in

custody from last one year one month and when the

investigation is completed, no need of custodial trial and hence

he may be enlarged on bail.

5.

Per contra, the learned High Court Government

Pleader appearing for the respondent-State submits that accused

No.5 was in the car in which both accused Nos.5 and 3 were

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transporting the ganja to Kerala via Mangalore and the same

was seized and it was in conscious possession of this petitioner

and prima facie material is placed before the Court that at the

instance of the petitioner, the commercial quantity of ganja was

seized and FSL report is awaited.

6.

Having heard the learned counsel for the petitioner

and the learned High Court Government Pleader appearing for

the respondent-State and also on perusal of the material

available on record, the case of the prosecution is that, in all

they were transporting 217 kgs. 740 grams of ganja and the

same was procured by accused No.1 and distributed to other

accused persons. Insofar as this petitione