Case Note & Summary
The petitioner, Shivaraj Urs, accused No.2 in NCB File No.48/1/6/19/BZU, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail for offences punishable under Sections 8, 22, 23, 27A, 28, 29, and 32B(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The case was registered by the Narcotic Control Bureau, Bengaluru Zonal Unit. The petitioner was arrested and allegedly kept in illegal detention from 1st May 2019 until he was produced before the learned Special Judge. The contraband was allegedly recovered from a garage premises, which the petitioner contended was not in his possession. The learned Senior Advocate for the petitioner, Shri Hasmath Pasha, argued that the illegal detention and lack of possession of the premises were grounds for bail. The court, after hearing the arguments and reserving orders on 25.09.2019, pronounced the order on 11.10.2019. The court considered the submissions and found that the petitioner was kept in illegal custody and the garage premises from which contraband was recovered was not in the petitioner's possession. Accordingly, the court allowed the petition and granted bail to the petitioner.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Illegal Detention - Petitioner was kept in illegal custody from 1st May 2019 until produced before Special Judge - Held that illegal detention is a ground for bail (Paras 2-3).
B) NDPS Act - Possession - Sections 8, 22, 23, 27A, 28, 29, 32B(a) - Premises not in petitioner's possession - Garage from which contraband recovered was not in petitioner's possession - Held that lack of possession weakens the case against petitioner (Para 2).
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 CrPC for offences under the NDPS Act, considering the alleged illegal detention and lack of possession of the premises from which contraband was recovered.
Final Decision
The petition is allowed. The petitioner is granted bail subject to conditions.
Law Points
- Bail under Section 439 CrPC
- Illegal detention
- Possession of premises
- NDPS Act Sections 8
- 22
- 23
- 27A
- 28
- 29
- 32B(a)
Case Details
2019 LawText (KAR) (10) 10
Criminal Petition No.4448/2019
Hashmath Pasha (Senior Advocate for petitioner), Kaleem Sabir (Advocate for petitioner), K.N. Mohan (Special Public Prosecutor for respondent), Madhukar M. Deshpande (Advocate for respondent)
Union of India, Narcotic Control Bureau, Bangalore Zonal Unit
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal bail petition under Section 439 CrPC for offences under NDPS Act
Remedy Sought
Enlargement of petitioner on bail in NCB File No.48/1/6/19/BZU
Filing Reason
Petitioner was arrested and kept in illegal detention from 1st May 2019 and the garage premises from which contraband was recovered was not in his possession
Issues
Whether the petitioner is entitled to bail under Section 439 CrPC considering the alleged illegal detention?
Whether the petitioner had possession of the garage premises from which contraband was recovered?
Submissions/Arguments
Petitioner was kept in illegal detention from 1st May 2019 till produced before Special Judge
Garage premises from which contraband was allegedly recovered was not in petitioner's possession
Ratio Decidendi
Illegal detention and lack of possession of the premises from which contraband was recovered are grounds for granting bail under Section 439 CrPC in NDPS cases.
Judgment Excerpts
This petition under Section 439 of Cr.P.C. seeking bail, is filed by accused No.2, alleged of offences punishable under Sections 8, 22, 23, 27A, 28, 29 and 32B(a) of Narcotic Drugs and Psychotropic Substances Act, 1985
that petitioner was kept in illegal detention from 1st May 2019 till he was produced before the learned Special Judge
the garage premises from where contraband was allegedly recovered was not in petitioner's possession
Procedural History
The petitioner filed Criminal Petition No.4448/2019 under Section 439 CrPC before the High Court of Karnataka at Bengaluru. The petition was heard and reserved for orders on 25.09.2019, and the order was pronounced on 11.10.2019.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 439
- Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act): 8, 22, 23, 27A, 28, 29, 32B(a)
