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NC: 2023:KHC:43919
CRL.P No. 5273 of 2023
C/W CRL.P No.12283 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION No. 5273/2023
C/W
CRIMINAL PETITION No.12283/2023
IN CRIMINAL PETITION No.5273/2023
BETWEEN:
MR. LUAL DANIEL JUSTIN BOULO
@ DANI,
AGED ABOUT 24 YEARS,
S/O DANIEL JUSTIN BOULO,
R/AT NARAYANAPPA BUILDING,
D.NO.106, 3RD FLOOR, JUNJURPALYA,
VARTHUR,
BENGALURU-560087,
PERMANENTLY R/AT
JUBA,
REPUBLIC OF SOUTH SUDAN-767025.
…PETITIONER
(BY SRI. M.T.NANAIAH, SENIOR COUNSEL
A/W SRI. M.R.C. MONOHAR, ADVOCATE
FOR SRI. BALASUBRAMANYA B.N., ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY ECONOMIC AND NARCOTIC CRIME
POLICE STATION,
MANGALURU,
REP. BY. STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BANGALORE-560001.
…RESPONDENT
(BY SRI. RANGASWAMY .R., HCGP ADVOCATE)
Digitally signed
by B A KRISHNA
KUMAR
Location: HIGH
COURT OF
KARNATAKA
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NC: 2023:KHC:43919
CRL.P No. 5273 of 2023
C/W CRL.P No.12283 of 2023
THIS CRL.P IS FILED U/S 439 CR.PC BY THE ADVOCATE
FOR THE PETITIONER PRAYING TO ENLARGE HIM ON BAIL IN
SPECIAL CASE NO.1/2023 (CR.NO.54/2022) REGISTERED BY
THE RESPONDENT / ECONOMIC AND NARCOTIC CRIME POLICE
STATION, MANGALURU FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 21, 21(c), 27(b) OF NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT AND THE CASE NOW
PENDING ON THE FILES OF PRINCIPAL DISTRICT AND
SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU, IN THE
INTEREST OF JUSTICE.
IN CRIMINAL PETITION No.12283/2023
BETWEEN:
ABDUL RAVOOF,
S/O. ABOOBAKKAR SIDDIQ,
AGED ABOUT 35 YEARS,
R/AT PATHODI MANE,
MULINJA, UPPALA POST, KASARGOD
KERALA STATE - 671 322.
…PETITIONER
(BY SRI. LETHIF B., ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY C. E. N. CRIME POLICE STATION,
MANGALURU CITY,
REP. BY SPP,
HIGH COURT BUILDING,
BANGALORE - 560 001.
…RESPONDENT
(BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC BY THE ADVOCATE
FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER
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NC: 2023:KHC:43919
CRL.P No. 5273 of 2023
C/W CRL.P No.12283 of 2023
ON BAIL IN SPL.C.NO.1/2023 (CR.NO.54/2022) OF CEN
CR.P.S.,
MANGALURU
CITY,
FOR
THE
OFFENCE
P/U/S
21,21(C),27(b)
OF
NDPS
ACT
ON
THE
FILE
OF
THE
PRL.DISTRICT AND SESSION JUDGE D. K., MANGALURU.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
The court applied the principles of bail under the NDPS Act and considered the quantity of drugs seized, the role of the accused persons, and the presence of criminal antecedents.
Headnote:
BAIL - NDPS ACT - SECTION 21, 21(C) & 27(B) - [ACCUSED NO.1] - Accused No.1 is not entitled for bail as there is sufficient material to show that he had supplied contraband articles to Accused No.1. He has failed to explain the bank transactions with Accused No.2 who has got criminal antecedents. Accused No.2 is a person against whom case has been registered for the offence under the N.D.P.S Act. In addition to the same, he is a foreign national and it would be difficult to secure his presence.[ACCUSED NO.4] - Accused No.4 is entitled for bail as the drug seized from his possession is of intermediate quantity and Accused No.3 has been granted bail by this Court in Criminal Petition No.9129/2023.
Fact of the Case:
Accused Nos.1 & 4 were arrested for allegedly transporting 125 grams of MDMA from Bengaluru to Mangaluru. Accused No.1 was implicated based on the confession statement of Accused No.2, who stated that he had purchased the MDMA from Accused No.1. Accused No.4 was found in the car with the other accused persons and 20 grams of MDMA was seized from his possession.
Finding of the Court:
The court found that there was sufficient material to show that Accused No.1 had supplied the MDMA to Accused No.2. The court also found that the drug seized from Accused No.4 was of intermediate quantity and that Accused No.3 had been granted bail in a similar case.
Issues: Whether Accused No.1 is entitled to bail despite being implicated based on the confession statement of Accused No.2 and having failed to explain bank transactions with Accused No.2 who has criminal antecedents.Whether Accused No.4 is entitled to bail despite being found in the car with the other accused persons and having 20 grams of MDMA seized from his possession.
Ratio Decidendi: The court held that Accused No.1 was not entitled to bail as there was sufficient material to show that he had supplied the MDMA to Accused No.2. The court also held that Accused No.4 was entitled to bail as the drug seized from his possession was of intermediate quantity and that Accused No.3 had been granted bail in a similar case.
Final Decision: The court dismissed the bail petition of Accused No.1 and allowed the bail petition of Accused No.4.
Accused Nos.1 & 4 in Special Case No.1/2023
pending before the Court of District and Sessions Judge,
D.K, Mangalore arising out of Crime No.54/2022 registered
by CEN Crime Police Station, Mangaluru city for the
offenceS punishable under Sections 21, 21(c) & 27(b) of
the Narcotic Drugs and Psychotropic Substances Act (for
short 'NDPS Act'), are before this Court in these two
petitions.
2.
Heard the learned counsel for the parties.
3.
Facts leading to filing of this petition narrated
briefly are, that on 14.06.2022 at about 11.00 p.m., the
Police Inspector of CCB, Mangaluru received a credible
information about transport of contraband article alleged
to be MDMA from Bengaluru to Mangaluru in a Maruti Ritz
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car bearing Reg.No.KA-19-MC-6210. On receipt of such
information, after complying with the basic mandatory
requirements of law, the complainant along with the staff
and panchas proceeded towards Padil, Mangaluru and
intercepted the car bearing Reg.No.KA-19-MC-6210, which
was coming from Padil Kannur side, at about 06.15 a.m.
on 15.06.2022. In the said car there were four inmates.
On enquiry, they revealed their names as Mohammad
Rameez, Mohiddin Rashid, Abdul Ravoof and Sabitha.
From the possession of Mohammad Rameez 25 grams of
contraband article alleged to be MDMA was seized; from
the possession of remaining three persons, who were
apprehended, 20 grams each of contraband article alleged
to be MDMA was seized. On the basis of the statement
made by accused No.2, 40 grams of contraband article
alleged to be MDMA was seized from the car bearing
Reg.No.KA-19-MC-6210. Therefore, totally 125 grams of
contraband article alleged to be MDMA was seized by the
Police and subjected to panchanama. Thereafter, the
apprehended accused and seized contraband article
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alleged to be MDMA were brought to the Police Station and
FIR in Crime No.54/2022 was registered against the
apprehended accused initially for the offence punishable
under
Section
21,
21(c),
of
Narcotic
Drugs
and
Psychotropic Substances Act and they were arrayed as
accused Nos.1 to 4 in the FIR. During the course of
investigation, Accused No.1 was arrested on 21.09.2022
and
Accused
No.4
was
arrested
on
15.06.2022.
Investigation in the case is complete and charge sheet has
been filed. Bail applications filed by the Accused Nos.1
and 4 before the Trial Court in Special Case No.1/2023
was rejected. It is under these circumstances, they are
before this Court.
4. Learned Counsel appearing for Accused No.1
submits that there is no seizure from Accused No.1 in the
present case. He has been implicated in the present case
on the basis of the confession statement of Accused No.2.
There is no material to connect him to the crime. He is a
student having no criminal antecedents. Accordingly,
prayed to allow the petition.
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5. Learned counsel for respondent No.4 submits that
allegedly 20 grams of contraband article MDMA was seized
from Accused No.4. FSL report goes to show that the
sample drug has been tested positive to drug known as
Methamphetamine. Accused No.3 who is similarly situated
has been granted bail in Criminal Petition No.9129/2023
on 17.11.2023. Accordingly, prayed to allow the petition.
6. Per contra, learned HCGP appearing for the
respondent submits that Accused No.2 had purchased
contraband article totally weighing 125 grams from
Accused No.1. There is a money transaction between
Accused Nos.1 and 2 which would prima facie show that
Accused No.1 is the supplier. Accused No.2 is a person
having criminal antecedents. Accused No.1 is a foreign
national and it would be difficult to secure his presence.
He also submits that Accused No.4 was found in the car
along with the other accused persons, carrying totally 125
grams of contraband article and accordingly, prays to
dismiss the petition.
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7. The material on record would go to show that the
Maruthi Ritz car bearing Registration No.KA-19-MC-6210
in which four accused persons were trave
