Case Note & Summary
The petitioner, Syed Salman, was arrested in connection with Crime No.34/2020 registered by K.R.Puram Police, Bengaluru, for an offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), involving the seizure of a commercial quantity of ganja. He filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail. The trial court had rejected his bail application on the ground that the substance seized was of commercial quantity and that the petitioner was a habitual offender. However, the High Court noted that the trial court did not refer to any criminal case registered or pending against the petitioner to support the habitual offender label. The learned counsel for the petitioner submitted that no other case was registered against him, and the learned High Court Government Pleader (HCGP) did not bring any such case to the court's notice. Additionally, the charge sheet had not been submitted, but the investigation was substantially complete. Considering these facts, the High Court allowed the petition and ordered the petitioner's release on bail, subject to conditions.
Headnote
A) Criminal Procedure Code - Bail - Section 439 Cr.P.C. - NDPS Act - Section 20(B) - The petitioner sought bail for alleged possession of commercial quantity of ganja. The trial court denied bail on the erroneous ground that the petitioner was a habitual offender without any criminal antecedents. The High Court held that the trial court's finding was unsupported by evidence and that the petitioner was entitled to bail, especially since the investigation was complete. (Paras 2-4)
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. for an offence under Section 20(B) of the NDPS Act, considering the alleged commercial quantity and the trial court's finding that he is a habitual offender.
Final Decision
The petition is allowed. The petitioner/accused No.2 is ordered to be enlarged on bail in Crime No.34/2020 registered by K.R.Puram Police, Bengaluru, for the offence under Section 20(B) of NDPS Act, subject to conditions.
Law Points
- Bail under Section 439 Cr.P.C.
- NDPS Act Section 20(B)
- commercial quantity
- habitual offender
- completion of investigation
