IN THE COURT OF THE XXXIII ADDL.CITY CIVIL &
SESSIONS JUDGE & SPL. JUDGE (NDPS), BENGALURU.
CCH.33.
PRESENT:
SMT. B.S. JAYASHREE, LL.M.,
XXXIII ACC & SJ & SPL.JUDGE (NDPS),
BENGALURU.
DATED: THIS THE 6th DAY OF SEPTEMBER 2022
Crl.Misc.No.8290/2022
petitioners :
(accused Nos.1 & 2)
1. Abhishek M, S/o.Munikrishna,
19 years, No.138, 7th Cross,
Vibhuthipura, Marathahalli
colony, Bengaluru 560 037.

2. David Raj R, S/o.Raja A, 18
years, No.126, Vibhuthipura,
Bengal;uru 560 037.
(By Sri VRN., Adv.)
V/S.
Respondent :
State by HAL Police.
(By Public Prosecutor)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by the
petitioners to enlarge them on bail, in Cr.No.217/2022 of HAL
2
PS., registered for the offences punishable U/Sec.20(b) of
NDPS Act and Sec.399, 402 of IPC and Sec.25 of Arms Act.

2. The grounds urged by the petitioners for grant of bail
are as under:
That the petitioners are very innocent and law abiding
citizens. They have not committed any offence much less the
offence as alleged. They have been falsely implicated by the
respondent in this case. The petitioners had no intention to
commit any offence of decoity nor they were having any
weapon or narcotic drugs with them. Though the alleged
offence is non bailable, but is neither punishable with
imprisonment for life or death sentence. The procedure
contemplated under N.D.P.S. Act not followed while recovery.
There is no restriction U/Sec.37 of N.D.P.S. Act for grant of
bail. Petitioners are permanent residents of the address shown
in the cause title.

The petitioners are ready and willing to
abide by any conditions imposed by this court in the event of
grant of bails.

They are ready to offer surety for their due
appearance before this court. Hence, sought to grant bail.

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CCHн33
Crl.Misc.No.8290/2022
3. The prosecution while opposing the bail petition
contended that with an intention to attack the passerby and to
commit robbery the accused persons were gathered at the spot
with deadly weapons like knife, long, chili powder etc.

the
accused persons were also possessing 500 grams of narcotic
drug ganja.

If petitioners are released on bail, they will
continue the same and they may abscond and tamper evidence
of the prosecution. Hence, sought to reject the bail plea of
petitioners.

4. Heard the arguments of both sides and perused the
records.

5. The points that arise for my consideration are as here
under:
1. Whether petitioners have made out
sufficient grounds to enlarge them on
bail?
2. What order?

6. My findings on the above points are as under:
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Point No.1: In the Affirmative
Point No.2: As per the final order for the following:
REASONS
7. POINT NO.1:н The complainant police has prosecuted
the petitioners in Cr.No.217/2022 of HAL PS., registered for
the offences punishable U/Sec.20(b) of NDPS Act and Sec.399,
402 of IPC and Sec.25 of Arms Act. The gist of the complaint
is as here under:н
On 15.8.2022 at about 4.30 pm., when the complainant
PSI., of HAL PS., was discharging duties in the police station
he has received credible information that near Vibuthipura
lake about 6н7 persons were assembled armed with deadly
weapons and were planning to commit dacoity. On receipt of
the information, he along with the staff went to the spot at
about 5.30 pm. He has mounted surveillance at the spot and
watching the movements of the said persons. The said persons
were holding longs and observing the people who are going
there by walk and their expressions seems suspicious and
appears to have planned to commit robbery. On suspicion the
CCHн33
Crl.Misc.No.8290/2022
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complainant and his staff apprehended them and the weapons
which were with them particularly longs were seized.

On
further search they were found in possession of ganja.

The
said ganja was also seized.

They were carrying ganja with
them. 500 grams of ganja seized from the possession of the
accused persons.

They were arrested.

weapons were seized under mahazar.

The said deadly
Thereafter a report is
prepared submitted to SHO. A case in crime No.217/2022 is
registered against them for the offences punishable U/s.399
and 402 of IPC., and Sec.20(B) of NDPS Act and Sec.25 of
Arms Act. The accused who were apprehended were produced
before the court and were remanded to judicial custody.

8.

The prosecution has filed objection contending that
the accused herein have hatched plan to commit dacoity. They
were armed with deadly weapons and they were in conscious
possession of ganja.

In the event of grant of bail they may
commit similar offences.

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9.

The learned counsel for petitioners argued that the
petitioners herein are innocent of the commission of offences.
They have been falsely implanted in the case.

10.

On
looking
to
the
investigating
papers
the
investigating agency has already seized the incriminatory
articles from the accused persons. They were produced before
the court and remanded to judicial custody. The investigating
agency has not sought the police custody of the accused. The
quantum of ganja seized from the possession of petitioners and
other accused is to the tune of 500 grams. The accused No.5
is already been granted bail in Crl.Misc.25718/2022 vide order
26.8.2022 by the learned 57th ACMM., Bangalore.

The
allegation against the present petitioners are similar in nature.
Further the quantum of ganja seized is small quantity as per
Ministry of Finance Department of Revenue Notification
S.O.1055(E) dated 19.10.2001 at Sl.No.55 the narcotic drugн
ganja 1000 grams is small quantity and 20 Kgs., is commercial
quantity.

In this case the quantum of ganja seized is 500
grams of ganja
is small quantity. As per the decision of
CCHн33
Crl.Misc.No.8290/2022
7
Hon’ble Apex Court reported in 2018 11 SCC 488 Birbal
Prasad Vs., State of Bihar wherein it is held that:
Ss.37 and 20 Ц Bail Ц grant of Ц non commercial quantity Ц
quantity involved being only 14 Kgs., of ganja, which is a
non commercial quantity appellant accused not involved in
any other case Ц in above circumstances, held, appellant
should be released on bail, pending trial Ц hence, directions
issued to release appellant on bail, on certain conditions.

The said case law aptly applies to the case on hand in holding
that the contraband seized in the case on hand is intermediate
quantity and it is not commercial quantity.

In the said
circumstances, as per the observations of Hon’ble Apex Court
the bail plea of accused to be considered.

11.

The petitioners are prosecuted U/s.399, 402 and
Sec.25 of Arms Act the said offences are not punishable with
death or imprisonment for life.

The other offence invoked
against the petitioners are U/s.20(b) of NDPS Act
which is
punishable with imprisonment which may extend to 1 year or
with fine.

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12.

As per the information provided by the petitioners
are permanently residing in the address shown in the cause
title.

The apprehension of the prosecution that they may
abscond and may protract the trial could be compensated by
imposing stringent conditions.

In the result, I answer the
point for consideration in the affirmative.

14. Point No.2:н In the result, I proceed to pass following:
ORDER
The Petition filed by the petitioners U/Sec.439
of Cr.P.C is hereby allowed.
The petitioners are enlarged on bail on
executing personal bond for a sum of Rs.50,000/н
each with one surety for the like sum with
following conditions.
1. The petitioners shall give attendance before
the concerned I.O., once in a month i.e.,
preferably on first Monday of every month
in between 10.00 am., to 2.00 pm., till
filing of charge sheet or further orders
whichever is earlier.
2. They shall not leave the jurisdiction of this
court without prior permission.

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CCHн33
Crl.Misc.No.8290/2022
3. They shall not tamper the witness or
abscond.
4.
5.

They shall coнoperate
investigation.

with
I.O
for
They shall not commit similar offence or
any offence while on bail.

6. They shall furnish his photo ID proof and
photo ID proof of his sureties.
7. Breach of any of the conditions by the
petitioners would entail cancellation of
bail.
[Dictated to the stenographer, directly on the computer, typed and
computerised by her, corrected, signed and then pronounced by me in
Open Court on this the 6th day of September 2022]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*