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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.2767/2021

BETWEEN :

Ajaz Pasha,

S/o. Mahaboob Sab,

Aged about 32 years,

Residing at No.29,

'A' Cross, Chamundinagar,

Opposite Chamundeshwari Temple,

R.T.Nagar, Bengaluru North,

Bengaluru - 560 032.

… Petitioner

(By Sri.S.Rajashekar, Advocate)

AND :

State of Karnataka

By Amruthahally Police Station

Amruthahally

Bengaluru - 560 092.

Represented by Special Public Prosecutor,

High Court of Karnataka,

High Court Building,

Bengaluru - 560 001.

… Respondent

(By Sri.K.S. Abhijith, HCGP)

This Criminal Petition is filed under Section 439 of Cr.P.C

praying to enlarge the petitioner on bail in Crime No.252/2020 of

Amruthahally Police Station, Bangalore for the offences P/U/S 20(B)

(II)(b), 20(b) (ii)(c),80(c) of NDPS Act.

This Criminal Petition coming on for orders this day, the

Court made the following:-

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O R D E R

The petitioner-accused No.4 is before this Court seeking

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

No.252/2020 of Amruthahally Police Station, registered for

the offences punishable under Section 20(B), (II), (b),

20(b)(ii)(c), 8C of NDPS Act on the basis of the first

information lodged by the informant Sri.M.S. Bolettin.

2.

Heard Sri. S.Rajashekar, learned counsel for the

petitioner

and

Sri.K.S.Abhijith,

learned

High

Court

Government Pleader for the respondent - State. Perused the

materials placed on record.

3.

Learned counsel for the petitioner submitted that

the petitioner is arrayed as accused No.4. He is innocent and

has not committed any offences as alleged. He has been

falsely implicated in the matter without any basis. He was

apprehended on 15.12.2020 along with accused Nos.1 to 3.

It is stated that 5 kgs 657 grams of Hasish oil and 3 kgs 300

grams of ganja were recovered from accused Nos.1 to 4. As

per police report, it is only 217 grams of Hasish oil was

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recovered from the present petitioner. The petitioner is not

having any criminal antecedents. The investigation is almost

completed. However, the charge sheet is not yet filed. The

son of the petitioner is suffering from cancer and he is taking

regular treatment. Under such circumstances, the petitioner

may be enlarged on bail in the interest of justice. 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, he prays to allow the petition.

4.

Per contra, learned High Court Government

Pleader opposing the petition submitted that in all 5 kgs 657

grams of Hasish oil and 3 kgs 300 grams of Ganja were

recovered at the instance of accused Nos.1 to 4, which is a

commercial quantity. The investigation is not yet completed.

217 grams of Hasish oil was recovered on personal search of

the present petitioner. Learned counsel further submitted that

the contraband was tested by using test kit by the

Investigating

Officer

and

he

had

confirmed

that

the

contraband is Hasish oil and Ganja. The investigation is still

in progress. Since commercial quantity of contraband was

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recovered from the accused, he is not entitled for grant of bail

in view of section 37(1)(b)(ii) of NDPS Act. Looking to the

seriousness of the offence, the petitioner is not entitled for

grant of bail. Hence, he prays for dismissal of the petition.

5.

In view of the rival contentions