Karnataka High Court Grants Anticipatory Bail To Man Accused Of Smuggling Whale Vomit

A single judge bench of Justice K Natarajan allowed the application filed by one Riyaz. It is the case of the prosecution that on receipt of credible information on 05.08.2021, the Forest Officers intercepted the Wagonr Car at 5.25 p.m. and they found four persons who were travelling with 8.25 kgs of ambergris.

After apprehending the accused persons, the police registered a case under section Sections 2(32), 2(36), 39(B)(D), 40, 44, 48(A), 49(A), 49(B), 50, 51, Schedule-II, Part-II, Serial No.5A of Wild Life Protection Act, 1972.

During the voluntary statement made by the arrested accused, it was revealed that they purchased the same on behalf of the petitioner. Based upon the statement, the name of this petitioner has been implicated as accused No.1. Hence, apprehending his arrest, he approached the Sessions Court for anticipatory bail, which came to be rejected, following which he approached the High Court.

The court on going through the material noted that the forest police have already arrested the accused Nos.2 to 5 on 05.08.2021 and thereafter, they have been granted bail on 05.10.2021, as per Section 167 (2) Cr.P.C.

Further it said that, "Nothing recovered from this petitioner, the alleged offences are neither punishable with death or imprisonment of life. Therefore, considering the facts and circumstances of the case that the Sessions Court has already granted bail to the accused Nos.2 to 5 and ambergris have been recovered by the forest department on 05.08.2021 and therefore, without expressing any opinion on the merits of the case, if the petitioner is granted bail by imposing certain conditions, so that no prejudice would be caused to the case of the prosecution."

Following which the petition was allowed, granting anticipatory bail on execution of a personal bond for a sum of Rs.1,00,000 lakh with two solvent sureties for the likesum to the satisfaction of the Investigating Officer.

The court also directed the accused to not indulge in similar offences, tamper with evidence and appear before the investigating officer, be present before the trial.

Case Title: Riyaz v. State Of Karnataka.

Case No: Criminal Petition No.7887 of 2021

Date of Order: December 4, 2021.

Appearance:

Advocate Prateekh.H.C, for petitioner

Advocate Krishna Kumar K.K, for respondent.

Click Here To Read/Download Order