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 20th DAY OF MARCH 2024
Crl.Misc.No.2395/2024
Petitioner :
(accused No.2)
Akilesh @ Akilesh Kumar Singh,
S/o.Daneshwara Prasad Singh,
21years, Ward No.4, VII Sidhapkata
Post, Thana Madhubani, Tharani
Siddaaf, Bihar State 847232.
(By Sri NP., Adv.)
V/S.

Respondent :
State by Cottonpet PS
(By Public Prosecutor)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by
the petitioner to enlarge him on bail, in Cr.No.178/2023 of
Cottonpet
PS,
registered
for
the
offence
punishable
U/Sec.20(b)(ii)(B) of NDPS Act.
2. The prevalent grounds urged seeking bail:н
2
That the petitioner is very innocent and law abiding
citizen. He has not committed any offence much less the
offence as alleged.

He has been falsely implicated by the
respondent in this case. 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.
seized
is
not
commercial
quantity.

The contraband
The
petitioner is
permanent resident of the address shown in the cause title.
The petitioner is ready and willing to abide by any
conditions imposed by this court in the event of grant of
bail. He is ready to offer surety for his due appearance
before this court. Hence, sought to grant bail.
3. The prosecution while opposing the bail petition
contended that the I.O has seized 3 Kgs., of ganja. There are
sufficient material available against the petitioner, and the
said offences are punishable with rigorous imprisonment for
a term which shall not be less than 10 years which may
extend to 20 years and shall also be liable to fine.

The
investigation is completed and charge sheet has been filed.
In the event of his release he may tamper with the
3
CCHн33
Crl.Misc.No.2395/2024
prosecution witnesses. Incriminatory articles were seized
from his custody. He may involve himself in similar offences.
Investigating agency by complying the provisions prevailed
under the act has seized the contraband from the petitioner.
The petitioner herein would sell the drugs to the younger
generation which may ruin the career of younger generation.
With these specific pleas sought to reject the bail plea of the
petitioner.

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 petitioner has made out
sufficient grounds to enlarge him on
bail?
2. What order?
6. My findings on the above points are as under:
Point No.1: In the Affirmative
Point No.2: As per the final order for the following:
4
REASONS
7. POINT NO.1:н The PSI, of Cottonpet PS., Bangalore
has presented the complaint before the SHO. The gist of the
allegation reads as here under:н
On
3.6.2023
at
about
12.00
noon
when
the
complainant was in the station he has received credible
information that one unknown person is selling ganja in
front of S K Engineering work shop, TCM Roy Road, Cotton
pet, Bangalore. On receipt of the information he has secured
the panchas, he along with panchas and staff went to the
spot and found a person moving there suspiciously. On
enquiry he revealed his name and address. When he was
questioned about the contents of the bag in his possession,
he has stated that he is carrying ganja. The said ganja was
seized and on weighing it came around 3 Kgs. A detail
mahazar is drawn and incriminatory ganja is seized.

The
accused No.1 was arrested and a detail report is submitted.
Basing on the report, a case in Cr.No.178/2023 is registered
against the accused No.1 for the offence punishable
U/s.20(b)(ii)(B) of
NDPS
Act.

The
accused
No.1
was
produced before the court and remanded to judicial custody.

CCHн33
Crl.Misc.No.2395/2024
5
The
present
investigating
petitioner
agency
on
is
apprehended
8.8.2023.

He
is
by
shown
the
as
absconding in the case. On production before the learned
Magistrate he is remanded to judicial custody. In the
voluntary statement of accused No.1 it is alleged against the
present petitioner that he is known to accused No.1 and he
had supplied ganja to accused No.1 for further sale. The
petitioner is accused No.2 in the case.

8.

On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on
8.8.2023 the petitioner is apprehended. As per the FIR 3
Kgs., of ganja is seized from the possession of accused No.1.
As per specification of small and commercial quantity of
narcotic drug or psychotropic substance issued by Ministry
of Finance Department of Revenue Notification S.O.1055(E)
dated 19.10.2001 at Sl.No.55 the narcotic drugнganja 1000
grams is small quantity and 20 Kgs., is commercial
quantity. In this case the quantum of ganja seized is 3 Kgs.,
of ganja is an intermediate quantity. the only allegation
against the present petitioner is that he had supplied ganja
to accused No.1. at the time of arrest of accused No.2 no
6
contraband is recovered.

He is in judicial custody since
8.8.2023. The investigation is concludeed and charge sheet
is filed. Further detention of petitioner is not warranted. As
per the decision of 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.
9. Here in this case the drugs seized by the
investigating agency to the tune of 3 Kgs., of ganja which is
an intermediate quantity. When the quantity is less than
commercial quantity, rigors of Sec.37 of the NDPS Act will
not attract, and factors become similar to bail petitions
CCHн33
Crl.Misc.No.2395/2024
7
under regular statues normal, unless the prosecution points
towards exceptional circumstances.
10.

The investigation in the case is concluded and
charge sheet is filed. The allegation against this petitioner is
he used to supply ganja to accused No.1 to sell the same.
The offence alleged against the petitioner is not punishable
with death or imprisonment for life. Further custodial
interrogation is not warranted. As per the information
provided by the petitioner he is permanently residing in the
address shown in the cause title. The apprehension of the
prosecution that he 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.

11. Point No.2:н In the result, I proceed to pass following:
ORDER
The Petition filed by the petitioner U/Sec.439
of Cr.P.C is hereby allowed.
The
petitioner
executing
personal
is
enlarged
bond
for
on
a
bail
on
sum
of
8
Rs.1,00,000/н with one surety for the like sum
with following conditions.
1.

He shall not leave the jurisdiction of this
court without prior permission.

2.

He shall not tamper the witness or abscond.

3.

He shall not commit similar offence or
any offence while on bail.

4.

He shall furnish his photo ID proof and
local address proof document before the
court and photo ID proof of his sureties.

5.

He shall appear before the court on all
hearing dates.

6.

Breach of any of the conditions by the
petitioner 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 20th day of March 2024)
CN/*
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.