ARJAV DEEPAK MEHTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. for granting bail in Crime No.269/2020 registered by the Jeevan Bheemanagar Police Station for the offences punishable under Sections 20(b), 8(c) and 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short).

(2.) The case of the prosecution is that a case came to be registered on the complaint of one Virupakashaswamy, a Police Officer, on 12.11.2020, alleging that he received a credible information that some people are purchasing MDMA Crystals, Ecstasy Pills, Hash, LSD Strips through Post from Netherland, Poland, Germany and other countries and they are selling the same to college students. On the same day, he received a message from Vimanapura Post Office that a parcel has come to the Post Office in the name of the petitioner-accused. Accordingly, at about 2.00 p.m., he went near the house of the petitioner and while the petitioner was receiving the parcel from the Postman while delivering, the complainant apprehended the petitioner. Thereafter, he seized 200 LSD Strips in the presence of panchas and prepared the panchanama. After apprehending the arrest, a case was registered against the petitioner for the aforesaid offences and was remanded to judicial custody. The petitioner approached the Sessions Judge for bail, which came to be rejected. Hence, he is before this Court.

(3.) Sri Ashok Haranahalli.S., learned Senior Counsel appearing for petitioner contended that the petitioner is innocent of the alleged offence. He has been falsely implicated in the case. The Police Officer who conducted the search has not followed the provisions of Section 50 of NDPS Act. Though the Police Officer who went alongwith the Assistant Commissioner of Police (ACP) is a Gazetted Officer, he should not have seized the contraband articles, but he should have given the option of right to search to the accused before the rank of a Gazetted Officer or the Magistrate. The ACP himself has seized the contraband articles, which amounts to violation of Section 50 of the NDPS Act. He has not informed about the right of search to the accused before the Magistrate or Gazetted Officer. Therefore, he prayed for grant of bail.