Case Note & Summary
The petitioner, Chandru Kunthur Raghuvegowda, a partner of M/s. Overseas Express, filed a petition under Section 439 CrPC seeking bail in Crime No.893/2016 registered by the Inspector of Customs, CIU, Airport & Air Cargo Complex, Devanahalli, Bengaluru for offences punishable under Sections 9(A), 25A, 43 of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Sections 135, 104 of the Customs Act, 1962. The petitioner was arrested in connection with the seizure of a consignment containing psychotropic substances. The petitioner's counsel argued that the petitioner was not the consignee of the consignment and that the consignment was addressed to a different entity. The petitioner had been in judicial custody since 14.12.2016 and his earlier bail application had been dismissed by the Special Judge (NDPS) on the same date. The respondent opposed the bail, citing the bar under Section 37 of the NDPS Act. The court considered the submissions and noted that the petitioner was not in conscious possession of the contraband as the consignment was not addressed to him. The court also noted that the petitioner had been in custody for over four months and the trial was not likely to conclude soon. The court held that the bar under Section 37 of the NDPS Act is not absolute and that there were reasonable grounds to believe that the petitioner was not guilty. The court granted bail to the petitioner subject to conditions.
Headnote
A) Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 - Bail under Section 439 CrPC - The court considered the bar under Section 37 of NDPS Act which requires reasonable grounds to believe that the accused is not guilty and is not likely to commit any offence while on bail. The court found that the petitioner was not in conscious possession of the contraband as the consignment was not addressed to him and he was only a partner of the firm. Held that the bar under Section 37 is not absolute and bail can be granted if there are reasonable grounds to believe the accused is not guilty. (Paras 5-7) B) Criminal Law - Bail - Conscious Possession - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 43 - The court examined the concept of conscious possession and found that the petitioner was not the consignee of the contraband and there was no evidence that he had knowledge of the contraband. Held that mere partnership in the firm does not establish conscious possession. (Paras 5-6) C) Criminal Law - Bail - Long Incarceration - The petitioner had been in judicial custody since 14.12.2016 and the trial was not likely to conclude soon. The court considered the period of incarceration and the fact that co-accused had been granted bail. Held that long incarceration without trial is a ground for bail. (Para 7)
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 CrPC for offences under NDPS Act, given the bar under Section 37 of the NDPS Act and the facts of the case.
Final Decision
The petition is allowed. The petitioner shall be enlarged on bail on executing a bond of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Special Judge (NDPS), Bengaluru. The petitioner shall appear before the Court on all dates of hearing and shall not tamper with prosecution evidence.
Law Points
- Bail under Section 439 CrPC
- NDPS Act Section 37
- conscious possession
- presumption of innocence
- parity in bail
- long incarceration
