IN THE HIGH COURT op' KARNATAKA AT BANGALORE
DATED THIS THE 07TH DAY OF DECEMBER 2010
BEFORE C
THE HON'BLE MRJUSTICE N. 4.: C"
CRIMINAL PETITION i\1oA;v5FS2A6/'2V(i11O"A.7,"
BETWEEN: =
Abdul Samad @ Plastic
S / 0 late Abdul Khudhoos
Aged about 55 Years
Occ : Car driver
R/ a. House No.8, 90* Cross,
Suithan Road, Gousiyanagar
Mysore. , - ...Petitioner
{By S1'i.K.A.Chandrashekara,Advocate} *
The State of ,
By V
Mysore, - . it it C
Represented by -- _ V
State Pubiic Prosecutor' _ '
High Court of Karnataka '
Bangalore. AA " ' ' Respondent
' ' - {Bye';'"%2n.:Vijaya.ki1marvMajage, HCGP)
V' V _ A. »;§Vet,_iti'(;;r1 is filed under section 439 Cr.?.C., praying to
'er1'ia_rge'" the 'petitioner on bail in Cr. No.190/2010 of
Narasimharaje; Police Station, Mysore City, registered for an
offence punishable under section 20(b}(1} of NDPS Act. 1985 and
under .. sections 109, l92(a] of i.M.V. Act, 1988 and under section
' 74 of K.-My. Rules.
* This petition Coming on for orders this day, the Court made
the following:
ix)
ORDER
The petitioner is arrayed as accused No.1 ancdphe is
alleged to have committed an offence punis1’ia’ble*p_
section 20[b)(i) of the Narcotic Dmgs ..
Substances Act, 1985 [for short,
custody. 4′ it i it t i. V
2. I have heard learned for petitioner learned
HCGP for State. l in iv
3. As per in’_§1es__tigat”ion’1eco_rd«sV;–.when.car bearing No.KA–
O9–A~§v26B’pAWas.V n_earHl2.S.Naidu Nagar at Mysore,
petitioner “W215._.fa:l;1fld'”.__lf1″””pOSS€SSlO1’1 of a plastic bag
containing”‘9.5 kilograms” of ganja leaves, stern and flowers.
” V’ , {petitioner did fizst’ offer any explanation for possession of
__ ‘a acontraband.
.4. On”vV%%ci5ification, learned HCGP would submit that
petitioner does not bear criminal antecedents and he is not
” involved in similar offences in past.
5. As per seizure rnahazar, seized contraband not only
contained ganja leaves but also contained stems and.-flowers
of ganja plants. T T
6. The learned counsel for petitioner
petitioner was a taxi driver by
bear criminal antecedents and if
commit similar offence. rlV;’i§%”~..l;)E11′ the”
provisions of section 37(2) ‘:1\.ct–»vvould”1iot come in the
way of granting bail to ll
7. As alreiafiy “not bear criminal
antecedentsg’ o?ffe11ce’i~punishable under section 20[b}[i) of
the Act”is punisthahplebvvithviniprisonment for a period of ten
years , andaléfinie may llextlend up to Rs.1,00,000/-. The bar
” V’ contiairied “under section 37(2) of the Act would not come in
thaeuVvay..oi’~considering bail petition. The quantity seized from
possession’ ofpetitioner is less than commercial quantity and
above _ small quantity. As the petitioner does not bear
criininal antecedents, his detention during trial would be a
N. iota.
measure of punishment. If bail is granted, there are chances
of his reformation.
8. Therefore, the petition is accepted.
released on bail, subject to followinguconditioris:4: .
I. The petitioner shall execnte
Rs.1,00,000/- [Rupees”VOnue Lak-hl’on1y)1 offer: >
a surety for the like to tl’1’e.:f_satisV1:’:action of
jurisdictional c¢t:_f:;– _
II. The petitioner or tamper with
IH. The’~ ‘shéi1._fio:’ commit similar offences.
IV. Theflpetitionerfshallfegularly attend the Court.
Sd/~
JUDGE
SN?-I