IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 7th DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRIMINAL PETITION NO.10215/2011 BETWEEN: Sri. Ramsing Harising Purohit Age: 30 years, 0cc: Business R/o. Mokalsar, Tal: Shivad Dist: Badmer, State Rajasthan At present Durga Garments Bhendi Bazar, Belgaum PETITIONER (By Sri. Srinand A. Pachhapure, Adv.) AND: The State of Karnataka By Mal-Maruti P.S., Belgaum Now rep. by SPP RESPONDENT (By Sri. Vinavak S. Kulkarni, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER WITH CONDITIONS IN CRIME NO.222/2010 REGISTERED FOR THE OFFENCES PUNISHABLE U/S. 17 & 18 OF NDPS ACT, BY THE RESPONDENT MAL-MARUTI POLICE STATION. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard both sides in respect of bail sought by the petitioner who is one of the four accused persons, against whom a case is registered in respect of offences punishable under Sections 17 and 18 of the NDPS Act. 2. The case of the prosecution in short is that, after receiving credible information on 25.10.2010 at 1.00 p.m., that some persons were travelling in a vehicle and were carrying opium, the Deputy Superintendent of Police of Market Sub-Division, Belgaum, went along 3 with his staff and raided the vehicle Tata Indica car near National Highway and found that the vehicle was being used by the accused persons to carry 2 kg 900 grams of opium valued at Rs.2,90,000/-, which was contained in plastic carry-bag kept in a carton box. The said opium was seized by accused No.1 Poonam, who was carrying it. The other accused persons who were travelling in the vehicle also have been roped in by the police. 3. Submission of the petitioner’s Counsel Sri. Srinand Pachhapure is that, this petitioner actually took a drop in the vehicle to reach Belgaum. He is in no way connected with the alleged offences and moreover, the opium was found in the hands of accused No.1. Therefore, this petitioner, who is now residing at Belgaum be released on bail as he is in custody for quite some time. 4 4. Submission of the learned High Court Government Pleader for State is that, the contraband was found in the vehicle and therefore, this petitioner cannot be granted bail and moreover, this Court had declined granting bail on earlier occasions. 5. Having thus heard both sides, insofar as the order passed by this Court earlier is concerned, I have perused the said order. It was dismissed as withdrawn with liberty to file a fresh petition after filing of the charge sheet, Now the charge sheet has been submitted and as per the complaint allegations, the possession of contraband was found with accused No.1 and from this petitioner what were recovered was cash of Rs.515/- and two nokia mobile phones. 6. Therefore, taking all these facts into account, this petitioner can be released on bail as he was not found in possession of contraband and therefore, I pass the following order: 7. The petition is allowed subject to the following conditions: 1 The petitioner shall be released on bail on executing a personal bond for Rs.25,OOO/ with two sureties for the likesum to the satisfaction of the trial court. 2. He shall not tamper with the evidence and shall not give threat to the witnesses in any manner. 3. He shall mark attendance before the jurisdictional police station on every Saturday between 10.00 a.m and 5.00 p.m. 4. He shall not involve himself in like offences in future. 5. He shall not leave Belgaum city without previous permission in writing of the jurisdictional Magistrate. 6 6. If any of the bail conditions are violated, bail will be cancelled at the request of the prosecution. Sd! JUDGE gab/