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 28th DAY OF MARCH 2024.
Crl.Misc.No.2948/2024
PETITIONER :
(ACCUSED)
Sri.Anil Kumar Ray,
S/o. Narendra Prasad Ray,
Aged about 30 years,
R/at: Mishrapur,
Bhadrak, Odisha.
(By Sri.Noorpasha, Adv.)
V/S.

RESPONDENT:
State of Karnataka,
By SHO, Mahadevapura PS.,
Bengaluru City.
(By Public Prosecutor)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by
the petitioner to enlarge them on bail, in Cr.No.251/2024 of
Mahadevapura PS., registered for the offence punishable
U/Sec.20(b) of NDPS Act.

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2.

Crl.Misc.No.2948/2024
The grounds urged by the petitioner for grant of
bail are as under:
That the petitioner is very innocent and law abiding
citizen. He has not committed any offence much less the
offence as alleged.

He has 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 nonнbailable,
but is neither punishable with imprisonment for life or
death sentence. 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 their due
appearance before this court. He has no bad antecedents.
The petitioner is in judicial custody since his arrest and he
is not required for further custodial interrogation and he is
only bread earner of his respective family. Hence, sought to
grant bail.
3.

The objection raised by the prosecution is that the
investigating agency has in all seized 6 Kg grams of Ganja
contraband. The petitioner is found to be in possession of
narcotic substance. A detailed mahazar is drawn in the
CCHн33
Crl.Misc.No.2948/2024
3
spot. Personal search is conducted. The offence alleged
against
the
petitioner
is
punishable
with
rigorous
imprisonment for a term which shall extend upto 10 years.
There is a primafacie case available against the petitioner.
He is habitual drug dealer.

In the event of grant of bail, he
would abscond and may hamper the investigation. Hence,
sought to reject the bail plea of 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 madeнout
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:
REASONS
7. POINT NO.1:н The P.S.I. Mahadevapura Police
Station is the complainant in the case. The contents of the
report is as here under:н
Crl.Misc.No.2948/2024
4
On 19/03/2024 at about 1.30 pm., when the Head
Constable of Mahadevapura Police Station along with
associates
was
on
patrolling
duty
received
credible
information that at Mahadevapura, K.R.Puram Diesel Shed
Railway Station, Diesel Shed Road, in front of Ford Car
Service Station one person is selling contraband to the
public.

On receipt of information he came back to Police
Station and registered a case in Crime No.251/2024 for the
offence
punishable
U/Sec.20(b)
of
NDPS
Act
against
unknown persons. Thereafter he had secured the panchas
proceeded to the spot at 2н30 p.m. When he had gone to the
spot along with staff and panchas he has seen one persons
carrying a travelling bag and showing some article to the
public. On looking at the complainant and his associates he
had tried to ranнaway from the spot. He was surrounded,
apprehended, on enquiry he has revealed his name as Anil
Kumar
Ray
S/o.

Narendra
Prasad
Ray
resident
of
Mishrapur, Bhadrak, Odisha. When he was questioned
about the contents of travelling bag he has stated that he
has
secured
Ganja
from
one
person
of
Vizag
of
Andrapradesh by paying a sum of Rs.40,000/н. Thereafter,
CCHн33
Crl.Misc.No.2948/2024
5
Gazetted Officer was called to the spot, in the presence of
Gazetted Officer personal search of accused is conducted.
When the travelling bag of the accused was checked in the
presence of Gazetted Officer it was containing Ganja. When
it was weighed the weight of Ganja came around 6 Kgs. The
said Ganja, travelling bag the packing material were seized
under the Mahazar. The complainant came back to Police
Station along with accused and seized the articles. The
accused/ petitioner herein is arrested and produced before
the Court and he is remanded to J.C.
8.

It is argued by the learned counsel for petitioner
that he is planted in the case by the complainant police and
he is unaware of seized drug. The seized article is not
commercial quantity. The mandatory provisions of search
and seizure is not complied. He is the permanent resident
of the address given in the cause title. In the event of grant
of bail, he is ready to abide by the conditions which are
being imposed by this court.

9. It is argued by the prosecution that the petitioners
have committed heinous offence 6 Kgs. of ganja is seized
from
the
petitioner.

The
offence
is
punishable
with
Crl.Misc.No.2948/2024
6
imprisonment upto 10 years and with fine.

There are
primaнfacie material available against him.
10. On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on
19.03.2024
apprehended
complainant
accused.

has
On
conducted
looking
to
raid
the
and
seizure
panchanama the drugs seized from accused is weighing 6
Kg., 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 grams is small quantity and 20 Kgs., is
commercial quantity.

In this case the quantum of ganja
seized is 6 Kgs., 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.

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CCHн33
Crl.Misc.No.2948/2024
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.

Here in this case the drugs seized by the
investigating agency to the tune of 6 Kg., 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
under regular statues normal, unless the prosecution points
towards exceptional circumstances.
12. The major portion of investigation in the case is
concluded as the incriminatory article is already seized from
accused.

The offence alleged against the petitioner 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 petitioner, he is permanently residing in the
address shown in the cause title. The apprehension of the
Crl.Misc.No.2948/2024
8
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.
13.

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
Rs.1,00,000/н with two sureties for the like sum
with following conditions:н
1.

The petitioner 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.

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

3.

He shall not tamper the witness or
abscond.

4.

He shall coнoperate
investigation.

5.

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

6.

He shall furnish their photo ID proof
and local address proof document before
with
I.O
for
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CCHн33
Crl.Misc.No.2948/2024
the court and photo ID proof of their
sureties.
7.

He shall appear before the court on all
hearing dates.

8.

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

[Dictated to the stenographer GrнII, directly on the computer, typed by him, corrected, signed
and then pronounced by me in Open Court on this the 28th of March 2024).

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

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Crl.Misc.No.2948/2024