- 1 - NC: 2025:KHC-D:2147 CRL.P No. 100156 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100156 OF 2025 [439(Cr.PC)/483(BNSS)] BETWEEN: SHRI RAJU SINGH MAN SINGH AGE: 54 YEARS, OCC. COOK, R/O. DIST. KULLU, HIDHAM BUNTUR, STATE: HIMACHAL PRADESH-175101, PERMANENT R/O. SHAND BHONTER, KULLU, HIMACHAL PRADESH-175101. … PETITIONER (BY SRI R.H.ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH GOKARNA POLICE STATION) R/BY. THE STATE PUBLIC PROSECUTOR, HIGH CORUT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580011. … RESPONDENT (BY SMT. GIRIJA S.HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 483 OF BNSS (439 OF CR.P.C.), SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON BAIL WHO IS ARRAYED AS ACCUSED, IN SPL.CASE NO.130/2024, PENDING ON THE FILE PRINCIPAL DISTRICT AND SESSIONS JUDGE UTTAR KANNADA, KARWAR, IN CONNECTION WITH GOKARNA P.S. CRIME NO.83/2024, FOR THE OFFENCES PUNISHABLE U/S. 8 (c), 20 (b) (ii) (B) OF NDPS ACT 1985. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 31.01.2025, COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY THE COURT, MADE THE FOLLOWING: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.05 11:03:39 +0530 - 2 - NC: 2025:KHC-D:2147 CRL.P No. 100156 of 2025 CAV ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition for regular bail is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) in Crime no.83/2024 registered by Gokarna Police Station for offences punishable under Sections 8 (c), 20 (b) (ii) (B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS’) by accused (petitioner). 2. Sri RH Angadi, learned counsel for petitioner submitted prosecution case was based on complaint dated 22.09.2024 by Vasanth R. Achar, Police Inspector, Gokarna Police Station (complainant), stating on that day at 11:45 a.m., he received information that a person had kept Charas in black bag and was illegally selling it to public, near KEB Grid, Bidrigeri cross. Immediately after entering said information and obtaining consent of two government officials to be panchas during raid after informing them of purpose, he went near spot at around 12:15 p.m. and stopped at a distance for observation. And petitioner was found standing near Bidrigeri Cross with black bag. Thereafter, petitioner was surrounded - 3 - NC: 2025:KHC-D:2147 CRL.P No. 100156 of 2025 and apprehended at 12:20 p.m. During enquiry, petitioner took out a packet wrapped in gum-tape, showed it to complainant and told them that it was Charas. He also disclosed his name was Raju Singh Mansingh originally from Himachal Pradesh, then working as cook in a Goa Hotel. Complaint further stated that seized material when weighed on scale measured 975 grams valued at Rs.6,00,000/-. As petitioner was illegally possessing/selling narcotic substance action was sought. Based on said complaint, Crime no.83/2024 (supra) was registered by Gokarna Police Station. 3. It was submitted, quantity seized was below commercial quantity, and offence for same was not punishable with death or imprisonment for life. It was submitted, seizure was without recording any independent witnesses. And there was no material to substantiate that entire quantity seized was Charas. Therefore, petitioner was falsely implicated. It was further submitted, petitioner was arrested on 22.09.2024 and charge sheet was filed on 12.11.2024, relying upon 19 witnesses. Therefore, trial was likely to be delayed. As petitioner was working as cook in Goa and was only earning member of family. Further, wife of petitioner was suffering from - 4 - NC: 2025:KHC-D:2147 CRL.P No. 100156 of 2025 serious illness and there was no one else to look after her and children. It was submitted, petitioner was law abiding citizen, without any criminal antecedents. On said grounds sought for allowing petition. 4. On other hand, Smt.Girija S. Hiremath, learned HCGP for respondent - State opposed petition. It was submitted, on 22.09.2024 based on credible information complainant obtained prior permission of higher officials, went to spot and searched petitioner. They found, illegal possession for sale of 975 grams of Charas, which was just ‘25’ grams short of commercial quantity. It was submitted, FSL test report of sample drawn, confirmed it as Charas. It was submitted petitioner was from Himachal Pradesh and claimed to be working as cook in Goa and there was every likelihood of his fleeing from justice. On above grounds sought for rejection of bail petition. 5. Heard learned counsel and perused material made available. 6. Hence, point that arises for consideration is: “Whether petitioner is entitled for regular bail with conditions?” - 5 - NC: 2025:KHC-D:2147 CRL.P No. 100156 of 2025 7. This petition for regular bail is by accused in Crime no.83/2024 registered by Gokarna Police Station for offences punishable under Sections 8 (c) and 20 (b) (ii) (B) of NDPS. 8. As per prosecution, there is recovery of total of 975 grams of Charas, which is 25 grams shy of commercial quantity and FSL report has already confirmed it as Charas which is a narcotic substance under NDPS. 9. However, petitioner claims to have been falsely implicated though he was without any criminal antecedents and though permanent resident of Himachal Pradesh, was working as cook in Goa, where he was residing with his wife ailing from cancer and two minor children. 10. It is seen prosecution has neither stated about any criminal antecedents of petitioner nor denied/disputed about his assertion about ill-health of his wife. And though contended about possibility of petitioner fleeing from justice, there is no material to substantiate same. Moreover, investigation is already completed and charge sheet filed. Therefore, there would be no further need for custodial interrogation. Admittedly quantity seized is not commercial quantity. Contention that it is - 6 - NC: 2025:KHC-D:2147 CRL.P No. 100156 of 2025 nearly commercial quantity, would not hold good. Consequently, Section 37 would not be attracted. Even Hon'ble Supreme Court in case of Birbal Prasad v. State of Bihar, reported in (2018) 11 SCC 488, bail was granted, where seizure was of non-commercial quantity and accused was not involved in any other cases. 11. Hon'ble Supreme Court in case of Sanjay Chandra v. CBI, reported in (2012) 1 SCC 40, has held purpose of bail is to secure appearance of accused at trial and it can be neither punitive nor preventative. It is further held, deprivation of liberty must be considered a punishment and that punishment begins after conviction and until then every man is deemed to be innocent. Moreover, concerns expressed by prosecution could be resolved by imposition of appropriate conditions. Thus, point for consideration is answered in affirmative. Hence, following: ORDER Petition is allowed. It is ordered that petitioner/accused is ordered to be released on bail in Crime no.83/2024 registered by Gokarna Police Station for offences punishable under Sections 8 (c) - 7 - NC: 2025:KHC-D:2147 CRL.P No. 100156 of 2025 and 20 (b) (ii) (B) of NDPS, subject to following conditions: a) Petitioner shall execute personal bond for sum of Rs.1,00,000/- with two sureties (of whom one shall be local surety) for likesum to satisfaction of Court. b) He shall appear before Investigating Officer for purpose of investigation as and when required and co-operate with investigation. c) He shall mark his attendance before Investigating Officer on every alternative Tuesday between 11.00 a.m. to 5.00 p.m. d) He shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. e) He shall not indulge in any criminal activities. f) It is clarified that all observations herein are prima facie for purposes of this order and not bind trial Court while passing final judgment. SD/- (RAVI V.HOSMANI) JUDGE CLK_CT:PA