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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G. UMA

CRIMINAL PETITION No.4233 OF 2021

BETWEEN:

AMEER KHAN

S/O SHAHBAZ KHAN

AGED ABOUT 31 YEARS

R/AT NO.27, PLOT NO.001

MERIDIAN DREAMS APARTMENT

RICHMOND TOWN

BANGALORE-560 025.

& PETITIONER

(BY SRI: SIRAJUDDIN AHMED, ADVOCATE (PH))

AND:

STATE OF KARNATAKA

BY PARAPPANA AGRAHARA POLICE

REP. BY HIGH COURT GOVERNMENT PLEADER

HIGH COURT BUILDING

BANGALORE-560 001.

& RESPONDENT

(BY SRI: K.S.ABHIJITH, HCGP (PH))

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

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

CR.NO.91/2021

REGISTERED

BY

PARAPPANA

AGRAHARA

POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE

UNDER SECTIONS 20(B) AND 22(C) OF NDPS ACT.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT PASSED THE FOLLOWING:

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O R D E R

The petitioner-accused No.1 is before this Court

seeking grant of bail under Section 439 of Cr.P.C. in Crime

No.91/2021

of

Parappana

Agrahara

Police

Station,

registered for the offences punishable under Sections

20(b),

22(c)

of

Narcotic

Drugs

and

Psychotropic

Substances Act, 1985 (for short 8the NDPS Act9), on the

basis of the first information lodged by the informant-

Deepak.R.

2.

Heard Sri. Sirajuddin Ahmed, learned Counsel

for the petitioner and Sri. K.S.Abhijith, learned High Court

Government Pleader for the respondent-State. Perused the

materials on record.

3.

Learned Counsel for the petitioner submitted

that the petitioner is arrayed as accused No.1. He is

innocent and law abiding citizen. He has not committed

any offences as alleged. He has been falsely implicated in

the matter without any basis. He was apprehended on

31.03.2021 and since then he is in judicial custody. The

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procedures contemplated under law has not been followed

while search and seizure. The petitioner is not required for

custodial interrogation for further investigation. He is not

having any criminal antecedents. The petitioner is the

permanent resident of the address mentioned in the cause

title to the petition and is ready and willing to abide by any

of the conditions that would be imposed by this Court.

Hence, prays to allow the petition.

4.

Per contra, learned High Court Government

Pleader opposing the petition submitted that serious

allegations are made against the petitioner for having

committed the offences. The Car in which, accused Nos.1

and 2 were proceeding was inspected on the basis of

credible information and 8.5 Kgs of Ganja was found.

When the personal search of accused No.1 was conducted

in the presence of Assistant Commissioner of Police, 30

Ecstasy tablets weighing 11.4 grams were recovered. The

contraband was of commercial quantity. Accused Nos.3

and 4 are still absconding. The investigation is at the initial

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stage. Under such circumstances, the present petitioner is

not entitled for grant of bail. Hence, prays for dismissal of

the petition.

5.

In view of the rival contentions urged by the

learned counsel for both the parties, the point that would

arise for my consideration is:

<Whether

the

petitioner

is

entitled for grant of bail under Section

439 of Cr.P.C.?=

My answer to the above point is in 8Negative9 for the

following:

R E A S O N S

6.

The materials placed before the Court discloses

that serious allegations are made against the petitioner for

having committed the offences as stated above. It is

stated that accused Nos.1 and 2 were carrying 8.5 Kgs of

Ganja in the Car. On personal search of accused No.1, who

is the petitioner herein, 30 Ecstasy tablets weighing 11.4

grams were recovered, which is of commercial quantity. It

is stated that accused Nos.3 and 4 are still absconding.

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Even though it is stated that the procedures as

contemplated under law are not followed during search

and seizure, the seizure mahazar prima-