ASHOK KUMAR MISHRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 439 of the Code of Criminal Procedure seeking enlargement of the petitioner on bail in Spl. (NDPS) Case No.6/2018 pending trial before the Prl. Judge/Spl. Judge, at Vijayapura.

(2.) It is seen that on 28.04.2015, based on credible information that narcotic substances were transported in a vehicle bearing No.HR.55/L.7041, the vehicle was checked and narcotic substance was found. Based on the aforesaid, a prosecution was launched against the petitioner and other co-accused for the offences punishable under Sections 8 (b), 8(c) and 15, 17, 20 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner herein was employed as a supervisor at Rishab Motors Pvt Ltd., Co. which allegedly owned the vehicle, that was transporting the narcotic substance.

(3.) It is stated that after the case was committed to the Special Court, the prosecution had led evidence and when the case was set down for recording 313 Statement of the accused, the petitioner had absconded. Therefore, the case against the petitioner was split up and the Trial Court proceeded the case against the other co-accused in Spl.(NDPS) Case No.4/2016. The Trial Court after recording the evidence, passed a judgment dated 15.06.2018 and acquitted the other co-accused from the offences alleged. The petitioner was thereafter arrested and brought to book. An application filed by the petitioner under Section 439 of Cr.P.C. for bail was rejected primarily on the ground that the petitioner had failed to appear before the Court from the year 2018-21. The Trial Court also noticed that the petitioner was a resident of New Delhi and therefore felt that if he is released on bail, he is likely to abscond. Being aggrieved by the same, the present petition is filed.