Crl.Misc. No.8399/2023
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KABC010230652023
In the Court of the XXXIV Additional City Civil and Sessions Judge and
Special Judge, (NDPS), (CCHЦ35), Bengaluru
Dated this the 11 th day of September, 2023
Present :Sri. G.Raghavendra, B.Sc., LL.B.,
XXXIV Addl. City Civil & Sessions Judge and
Special Judge, (NDPS),
Bengaluru.
Crl.Misc. No.8399/2023
Petitioner:
Ananth Kumar,
S/o Govindaraju,
Aged about 32 years,
R/at No.12, 1st Main, 1st Cross,
Vinayakanagar, Bengaluru South,
Bengaluru Ц 560 030..
(By Sri. M.K. Venkatesh, Advocate)
Vs.

Respondent:
The State of Karnataka,
by Bengaluru City Railway Police Station,
Bengaluru.
(By Public Prosecutor)
ORDER
1) This Criminal Miscellaneous Petition under Section 439 of
Code of Criminal Procedure, 1973 (‘Cr.P.C.’ for short) is filed by Petitioner
Crl.Misc. No.8399/2023
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/ Accused No.1 to enlarge him on regular bail in Crime No.59/2023
registered by Respondent Ц Bengaluru City Railway Police Station,
Bengaluru City, for the offences punishable under Section 20 (b) (ii) (B) of
Narcotic Drugs and Psychotropic Substances Act,1985 (‘NDPS Act’ for
short).
2) The Learned Public Prosecutor has filed an objection to this
criminal miscellaneous petition along with report of Investigation Officer.
3) Heard the Counsel for Petitioner and learned Public Prosecutor.
4) On the basis of contents of the petition, contentions taken in the
objection filed to this application and on the submission of both the
Counsel for Petitioner and learned Public Prosecutor, the following points
arise for my consideration:
Point No.1: Whether Petitioner / Accused No.1 satisfies
that there are reasonable grounds for believing that he is not
guilty of an alleged offences and he is not likely to commit
any offence while on bail?
Point No.2: What Order?
5) My answer to the above points are as under:
Point No.1: In the Affirmative.
Point No.2: As per the final order for the following:
REASONS
6)
Point No.1:
Perused the certified copy of the documents
produced by the Petitioner along with this criminal miscellaneous petition.

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These documents reveal that on 18.8.2023 at 11.30 a.m., when Sri. M.D.
Purushotham, PSI (Crimes), City Railway police station, Bengaluru, was
in station, he has received an information from Sri. Vijaykumar, Assistant
Sub Inspector of police (ASI), Member of NDPS Detection Squad. Sri.
Vijaykumar, ASI has informed PSI that he along with Sri. Srikanth P.C 324
were observing ganja transporters in Prashanti Express Train from
Gowribidanur Railway Station. The Train reached Bangalore City Railway
station at 11.07 a.m. They alighted from the train and observing near the
general coach of the train and they saw a person sitting on a stone bench
with a trolley bag looking around suspiciously.

On suspicion, ASI
enquired said person as to the contents of trolley bag and the said person
stated that there is ganja in the bag.
7)
After receiving the information, PSI informed the same to his
higher officers. The PSI called for panchas to police station and informed
them about the information he received. After getting permission, the PSI
reached the place along with panchas, staff and materials and enquired
said person as to the contents of bag. The said person stated that he has
purchased ganja from a village near Bhuvaneshwar and transported the
same in Train and revealed his name and address. Teh PSI and others
searched each other to see that there were no narcotic drugs with them
and issued notice to panchas requesting them to assist as panchas.
Thereafter, PSI informed accused No.1 as to his right to seizure of ganja
by a gazetted officer and he being a PSI can he seize the ganja. After
consent by accused No.1, the PSI asked accused No.1 to produce ganja.
Accused No.1 taken out 2 bundles from his trolley bag. Thereafter, PSI
found 4 kg 150 grams of ganja from 1 st bundle, 5 kg 200 grams of ganja
from 2nd bundle and totally 9 kgs 350 grams of ganja and seized the same
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under seizure mahazar between 12.30 p.m., to 2.30 p.m. Thereafter, PSI
brought accused No.1 along with seized ganja to Bangalore City Railway
police station and gave a computer typed complaint / information at 3.00
p.m. On the basis of complaint, Sri. Sharana Basavaraj Biradar, PSI (Law
& Order), Railway Police Station, Bangalore City, has registered a first
information report under Crime No.59/2023 against the accused No.1 for
an offence punishable under Section 20(b) (ii) (B) of NDPS Act.
8) The Petitioner in this petition has urged the following grounds:
i)
The petitioner is absolutely innocent of the alleged
offences and is falsely implicated in the case.
ii)
The
respondent
police
have
not
followed
the
mandatory provisions under Section 50 of N.D.P.S. Act.
iii)
The offences are not exclusively punishable with death
or imprisonment for life.
9) In specification of the small and commercial quantity of Narcotic
Drug or Psychotropic Substance, SO 1055 (E), dated 19.10.2021 as
amended, issued by the Central Government at Serial
No.55, 1000
grams of ganja is specified as small quantity and 20 kg of ganja is
specified as commercial quantity. The ganja recovered in this case from
the accused is 9 kgs., 350 grams, which is between small and
commercial quantity.
10) The offence alleged against accused under Section 20(b)(ii)
(B) of NDPS Act, is punishable with rigorous imprisonment for a term
which may extend to 10 years. The offence alleged against the Accused
is not punishable with death or imprisonment for life.

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11) Section 37 of NDPS Act, mandates that no person accused of
offences punishable for offences under Section 19 or Section 24 or
Section 27 A and also for offences involving commercial quantity shall be
released on bail, unless the court satisfied that there are reasonable
grounds for believing that accused is/are not guilty of such offences and
that accused is/are not likely to commit any offences while on bail.
12)
Section 37(2) of NDPS Act, reads as under:
У37. Offences to be cognizable and non-bailable
(1) xxxx
xxx
(2) The limitations on granting of bail specified in clause (b) of subsection (1) are in addition to the limitations under the Code of Criminal
Procedure, 1973(2 of 1974) or any other law for the time being in force,
on granting of bail.Ф
13) The conditions for grant of bail in offences punishable under
Section 19 or Section 24 or Section 27A and also for offences involving
commercial quantity are differ from the general rule of bail.

Two
additional preconditions are imposed upon the accused in addition to the
ones prescribed under Cr.P.C, which are to be satisfied before an
accused can be enlarged on bail.
14) As per the above Section 37(2) of NDPS Act, while deciding the
bail application for offences except the offences punishable under Section
19 or Section 24 or Section 27A and also for offences involving
commercial quantity, Section 437(1) (ii) and Section 437 (3) are
applicable.

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15)
under:
Section 437(1) (i) & (ii) & Section 437(3) of Cr.P.C., reads as
У437. When bail may be taken in case of non-bailable
offence.- (1) When any person accused of, or suspected of,
the commission of any non-bailable offence is arrested or
detained without warrant by an officer in charge of a police
station or appears or is brought before a Court other than the
High Court or Court of Session, he may be released on bail,
butЧ
(i) such person shall not be so released if there appear
reasonable grounds for believing that he has been guilty of an
offence punishable with death or imprisonment for life;
(ii) such person shall not be so released if such offence is a
cognizable offence and he had been previously convicted of
an offence punishable with death, imprisonment for life or
imprisonment for seven years or more, or he had been
previously convicted on two or more occasions of a
cognizable offence punishable with imprisonment for three
years or more but not less than seven years;
Е………………………………………………………………………….
(3) When a person accused or suspected of the commission
of an offence punishable with imprisonment which may
extend to seven years or more or of an offence under Chapter
VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45
of 1860) or abetment of, or conspiracy or attempt to commit,
any such offence, is released on bail under Sub-Section (1)
the Court shall impose the conditionsЧ
(a)
that such person shall attend in accordance with
the conditions of the bond executed under this Chapter,
(b)
that such person shall not commit an offence
similar to the offence of which he is accused, or suspected, of
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the commission of which he is suspected, and
(c)
that such person shall not directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to any police officer
or tamper with the evidence.
and may also impose, in the interests of justice, such other
conditions as it considers necessary.Ф
16) The prosecution in the objection filed to this criminal
miscellaneous petition has contended that if accused No.1 is released on
bail, he may commit the similar offences, tamper with the prosecution
witnesses and may not appear before the court. The prosecution has not
objected to the bail application on the reason that accused No.1 is
involved in similar offences or in any other case. I am of the opinion that
the objections of prosecution can be met by imposing conditions as stated
in Section 437(3) of Cr.P.C.
17)
In view of the discussion, I made above, I am of the opinion
that, Petitioner / Accused No.1 is able to satisfy that there are reasonable
grounds for believing that he is not guilty of the alleged offence. Hence, I
answer point No.1 in the Affirmative.
18)
Point No.2:- In view of the answer, I arrived to point No.1, I
proceed to pass the following:Order
The Criminal Miscellaneous Petition under Section 439 of Code of
Criminal Procedure, 1973 filed by Petitioner / Accused No.1 is allowed.
The Petitioner / Accused No.1 is enlarged on bail on execution of
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personal bond of Rs.50,000/- (Rupees Fifty Thousand), along with one
surety for the like sum in Crime No.59/2023 of Bengaluru City Railway
Police Station, Bangalore, for the offence punishable under Section 20 (b)
(ii) (B) of NDPS Act, 1985 on the following conditions:
(1) The Petitioner / Accused No.1 shall not directly or indirectly make
any inducement, threat or promise to any person acquainted with
the facts of the case.
(2)
The Petitioner / Accused No.1 shall cooperate with the
Investigation Officer (I.O) for investigation.

(3) The Petitioner / Accused No.1 shall shall produce his Aadhaar
Card.
(4) The Petitioner / Accused No.1 shall regularly appear before the
court.
(5) The Petitioner / Accused No.1 shall not commit any offences similar
to the offences of which he is accused or any other offences.
(6) Breach of any of the conditions by the Petitioner / Accused No.1
would entail cancellation of bail.
(Dictated to the Judgment Writer directly on computer, after transcribed / typed by
him, corrected, signed and pronounced in the open court on this the 11th day of
September, 2023).

RAGHAVENDRA
G
Digitally signed by
RAGHAVENDRA G
Date: 2023.09.13
11:18:12 +0530
(G. Raghavendra)
XXXIV Addl. City Civil & Sessions Judge
& Special Judge (NDPS), Bengaluru.