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 5th DAY OF APRIL 2024
Crl.Misc.No.3066/2024
1. Anand Kumar Alias Anand
Petitioners :
S/o.Late Vijay, aged 24 years, R/At No.
(accused Nos.1 to 3)
th
th
44, 17 Cross, 5 Main Road,
Bagaluru Layout, St Thomas Town
Post Lingarajapuram,
Bengaluru,
2. Prasanna Kumar Alias Prasanna,
S/o.Vijay, 18 years, R/at 12th Cross,
BM Layout Venkateshpuram K G Halli,
Bengaluru.
3. Anandi, Vijaykumar, 23 years,
R/at.No.152, 25th Cross, Old Bagaluru
Layout, St Thomas Town Post,
Bengaluru North, Bengaluru 560 084.
V/S.

RESPONDENT:
State Of Karnataka,
By Banaswadi PS.,
Bengaluru City.
(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.165/2024
2
of Banaswadi PS., registered for the offence punishable
U/Sec.20(b) of NDPS Act.
2. The grounds urged by the petitioners for grant of
bail are as under:
That the petitioners are very innocent and law abiding
citizen. They have not committed any offence much less the
offence as alleged. They have no knowledge of alleged crime
and falsely implanted at the instance of extraneous
elements. The mandatory provisions of NDPS Act has not
been complied. Though the alleged offence is non bailable,
but is neither punishable with imprisonment for life or
death sentence.

The petitioners are ready and willing to
abide by any conditions imposed by this court in the event
of grant of bail. They are ready to offer surety for their due
appearance
before
this
court.

They
have
no
bad
antecedents. The petitioners are in judicial custody since
their arrest and they are not required for further custodial
interrogation and they are only bread earner of their
respective family. Hence, sought to grant bail.
3. The objection raised by the prosecution is that the
investigating agency has in all seized 4 Kgs., 500 grams of
3
CCHн33
Crl.Misc.No.3066/2024
Ganja contraband. The petitioners are found to be in
possession of narcotic substance. A detailed mahazar is
drawn in the spot. Personal search is conducted. The
offence alleged against the petitioners are punishable with
rigorous imprisonment for a term which shall extend upto
10 years. There is a primafacie case available against the
petitioners. They are habitual drug dealers.

In the event of
grant of bail, they would abscond and may hamper the
investigation. 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:
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 P.S.I. Banaswadi Police Station is
the complainant in the case. The contents of the report is
as here under:н
On
07/03/2024
at
about
7.10
pm.,
when
the
complainant was in the station discharging duties in the
station, he has received credible information that at
Janakiram layout, Railway under pass, near a road, two
men and one woman were involved in selling contraband
article to the public, the informant has said that if the
complainant accompanies him he is going to show the said
persons.

Immediately, the complainant PSI had informed
the matter to higher officer, obtained permission to conduct
ride. Thereafter he has called the Panchas to the station
informed them about information he has received. He went
to the spot along with staff and panchas and mounted
surveillance in the spot. the informant had shown the said
persons, they were surrounded and apprehended.

They
have they have revealed their names and addresses. A1 is
Anand Kumar, A2 is Prasanna Kumar and A3 is Anandi and
A4 is Saniya Kousar.

During search of the baggages of
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Crl.Misc.No.3066/2024
accused persons, 4 Kgs., 500 grams of ganja is found, Zip
lock covers were also found, they were seized. The scooter
of accused persons which is having no registration No., was
seized under a detail mahazar.

The accused No.4 is 16
years and she is juvenile in conflict with law. She was not
arrested, she was produced before Juvenile justice board.
The accused Nos.1 to 3 were brought to Police Station,
complainant PSI prepared a report and submitted before the
SHO. Basing on the report, case in Cr.No.165/2024 for the
offence punishable U/s.20(b) of NDPS Act registered against
accused nos.1 to 3 and juvenile in conflict with law. The
present petitioners are accused Nos.1 to 3 in the case.
8.

On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on
7.3.2024 complainant has conducted raid and apprehended
accused. On looking to the seizure panchanama the drugs
seized from accused is weighing 4 Kgs., 500 grams of ganja.
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
6
grams is small quantity and 20 Kgs., is commercial
quantity. In this case the quantum of ganja seized is 4 Kgs.,
500 grams of ganja is an intermediate quantity. 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
4 Kgs., 500 grams 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
7
petitions
under
regular
statues
CCHн33
Crl.Misc.No.3066/2024
normal,
unless
the
prosecution points towards exceptional circumstances.

10. The investigating agency has submitted a report
stating that the accused herein were also prosecuted in
other criminal case. The scooter which is seized on that day
is pertaining to Cr.No.187/2023 and it is a stolen scooter.
No doubt, accused herein were prosecuted in another
criminal case, if the investigating agency requires the
accused Nos.1 to 3 for further investigation he can move
necessary application in that particular case. In the present
case the contraband article is seized is intermediate
quantity.

The accused were in judicial custody since the
date of their arrest their further detention is not required.
11. The major portion of investigation in the case is
concluded as the incriminatory article is already seized from
accused. The offence alleged against the petitioners is not
punishable with death or imprisonment for life.

Further
custodial interrogation are not warranted. Their Voluntary
statements are already recorded. As per the information
provided by the petitioners, they are permanently residing in
8
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.
12. 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.1,00,000/н each with two sureties 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.

3.

They shall not tamper the witness or
abscond.

4.

They shall coнoperate
investigation.

5.

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

with
I.O
for
9
CCHн33
Crl.Misc.No.3066/2024
6.

They shall furnish their photo ID proof
and local address proof document before
the court and photo ID proof of their
sureties.

7.

They shall appear before the court on all
hearing dates.

8.

Breach of any of the conditions by the
petitioners would entail cancellation of
bail.

[Dictated to the stenographer, directly on the computer, typed by her, corrected, signed and
then pronounced by me in Open Court on this the 5th day of April 2024).

(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.