RAGINI DWIVEDI @ GINI @ RAGS versus THE STATE OF KARNATAKA

Citation: [2021] 1 S.C.R. 264 · Decided: 21-01-2021 · Supreme Court of India · Bench: R.F. NARIMAN

Judgment (excerpt)

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SUPREME COURT REPORTS
[2021] 1 S.C.R.
RAGINI DWIVEDI @ GINI @ RAGS
v.
THE STATE OF KARNATAKA
(Criminal Appeal No. 62 of 2021)
JANUARY 21, 2021
[ROHINTON FALI NARIMAN, NAVIN SINHA AND
K. M. JOSEPH, JJ.]
Code of Criminal Procedure, 1973: s.439 – Bail application
rejected by Session Judge applying the provisions of s.37 of the
NDPS Act 1985and stating that as a total seizure ‘from all accused’
was 12 gms cocaine, 55 gm Ganja, 11.5 gms ecstasy tablets and 10
gms MDMA, no bail could be given to the appellant in present case
– High Court also rejected bail – On appeal, held: The residence of
the appellant was searched pursuant to statement made by one ‘BKR’
– Pursuant to search made of the appellant’s premises, no drugs at
all were found – The entirety of the case of the appellant was based
upon the statement made by ‘BKR’ and the case diary and at the
highest, it could possibly be said that the appellant consumed certain
drugs at parties – Appellant was arrested also on a conspiracy
charge, which the High Court itself found to be tenuous, saying
that the said charge has to be proved at the trial – Chargesheet was
not yet filed – s.37 was wrongly invoked and resultantly bail must
ensue – Bail granted – Narcotic Drugs and Psychotropic Substances
Act, 1985 – s.37.
Disposing of the appeals and writ petition, the Court
HELD: Though the appellant was charged with offences
under Section 21, 21(c), 27A, 27(b) and 29 of the NDPS Act, prima
facie, if at all any offence has been made out, it could only be
under Section 27, being the offence of consuming drugs at parties,
for which the maximum sentence for consumption of certain drugs
under Section 27(a) is one year, and under Section 27(b) is six
months. This being the case, Section 37 was wrongly invoked by
both the Additional Sessions Judge and by the High Court. [Paras
8, 9][268-B-C]
   [2021] 1 S.C.R. 264
264
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CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. 62 of 2021.
From the Judgment and Order dated 03.11.2020 OF the High Court
of Karnataka at Bengaluru in CRLP No. 5389 of 2020.
Siddharth Luthra, Sr. Adv., Sahil Bhalaik, Tushar Giri, Ms. Sakshi
Sharma, Md. Tahir, Md. Akhil, Ayush Kaushik, Ms. Ankita Tiwari, Lakshy
Mehta, Mayank Jain, Parmatma Singh, Madhur Jain, Advs. for the
Appellant.
Tushar Mehta, SG, Shubhranshu Padhi, Ashish Yadav, Rakshit Jain,
Vishal Banshal, Advs. for the Respondent.
The Judgment of the Court was delivered by
R. F. NARIMAN, J.
SLP (CRL.) NO. 5998 OF 2020
1. Leave granted.
2. We have heard Mr. Siddharth Luthra, learned senior counsel
appearing for the appellant(s) as well as Mr. Tushar Mehta, learned
Solicitor General at some length.  It transpires that the appellant is an
actress whose residence was searched pursuant to a statement made
by one B.K.Ravishankar on 03.09.2020.  The search of the premises of
the appellant yielded the following items:-
“1.
One black colour Samsung Note 10 mobile phone.
2.
Blue colour Samsung Galaxy Note 9 mobile phone.
3.
Gold colour Apple mobile phone.
4.
Sandisk pendrive – 32 GB
5.
Sandisk pendrive – 8 GB
6.
A wooden box written on that ‘Organic smoke menthol
free tobacco’.  Inside that, 6 cigarettes and 3 cigarette
strips.”
3. Thereafter, a complaint was filed by Sh. K.C. Goutham,
Assistant Commissioner of Police, ANW, CCB, Bengaluru, on 04.09.2020,
in which the following statement was made :-
“In connection with the above subject, I, K.C. Goutham,
serving as Assistant Commissioner of Police, CCB, Narcotics
RAGINI DWIVEDI @ GINI @ RAGS v. THE STATE OF
KARNATAKA
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SUPREME COURT REPORTS
[2021] 1 S.C.R.
Control Bureau, Bangalore City would like to request you that,
as per the verified information from my known sources, a well-
organized network was involved in illegal activities, made
financial transactions and gained illegal money by getting
drugs from different States that is from Goa, Mumbai, Punjab,
Andhra Pradesh, Kerala and even from foreign countries and
supplied the same in Five Star   Hotels of Bangalore, Pubs,
organised Dance party, Music programs, in certain Farm
Houses to the Industrialists, Celebrities, a few Actors and
Actresses, DJs, Software Employees and others who attend to
parties at above places.  I have taken up investigation in this
regard.  During the investigation, information about the said
acts has been collected from B.K. Ravishankar.  In the said
information, the following persons with a secret design have
organised parties in differ

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