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 12th DAY OF JANUARY 2023
Crl.Misc.No.76/2023
Petitioner :
(accused No.1)
Baba Faqruddin, S/o.Abdul Lathif,
22 years, No.26, 2nd Cross, Babu
reddy layout, Bhuvaneshwarinagar,
Bangalore 560 032.
(By Sri LG., Adv.)
V/S.

Respondent :
State by Hebbal PS., Bengaluru
(By Public Prosecutor)
ORDER
The present petition is filed by the petitioner U/s.439
of Cr.P.C., to enlarge him on bail, in Cr.No.170/2022 of
Hebbal PS., registered for the offence punishable U/Sec
353, 323 r/w 34 of IPC and Sec.20(b) of NDPS Act.
2. The grounds urged by the petitioner for grant of bail
are as under:
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 no knowledge of alleged crime
and falsely implanted at the instance of extraneous
elements. The mandatory provisions U/s.353,323 r/w 34 of
IPC and Sec.20(b) of NDPS Act has not been complied.
There are no eye witnesses who speak about the sale of
alleged contraband.

Though the alleged offence is non
bailable, 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 his due
appearance before this court. He has no bad antecedents.
He is the sole bread earner of his family. Hence, sought to
grant bail.
3. The objection raised by the prosecution is that the
investigating agency has in all seized 1 Kg., 100 grams of
ganja from the possession of the accused No.1 and 2. The
present petitioner has assaulted the police official who is on
duty.

A detailed mahazar is drawn in the spot. Personal
search is conducted. The offence alleged against the
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CCHн33
Crl.Misc.No.76/2023
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 an 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 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:
REASONS
7. POINT NO.1:н A report submitted by PSI, Hebbal
PS., who is the complainant in this case before the Hebbal
PS. The contents of the report is as here under:н
4
On
16.09.2022
at
about
4н15
PM.,
when
the
complainant along with other staff were doing inspection of
vehicle near 2nd Cross, Honey Bakery, Babureddy Layout,
at about 4.15 pm., two persons who were moving in a two
wheeler pulser bike. When the complainant instructed the
staff to stop the vehicle, accused No.1 and the present
petitioner has shouted at him. A1 has told A2 to assault the
complainant and his staff. Accused No.2/present petitioner
assaulted the complainant with firewood.

when his
associate came to rescue him he was also assaulted by A2.
One of the accused was apprehended in the spot another
ran away from the spot by leaving his motor bike. The
person who was apprehended in the spot is Baba Fakruddin
and the person who ran away from the spot is Moula. A
report is prepared by the complainant presented before the
SHO. Basing on the report a case in Crime No.170/2022 is
registered against Accused No.1 and 2 for the offenses
punishable U/S 353, 332 r/w Sec.34 of IPC. The present
petitioner is accused No.1 in the case.

8. During interrogation of A1 he has revealed that he
is selling ganja to the public and has kept the ganja in the
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CCHн33
Crl.Misc.No.76/2023
bike dicky. Two panchas were called to the station in their
presence bike was inspected and 1 kg 100 grams of ganja
was seized. The detailed mahazar was drawn in the spot.
Accused No.2 who ran away from the spot is the present
petitioner he was arrested on 18.09.2022. he was produced
before the court and was remanded to JC.

9. It is argued by the learned counsel for petitioner
that he is planted in the case by the complainant police he
is unaware of seized drug. Further the present petitioner
has not assaulted the police officials who were on duty. The
seized article is not commercial quantity.

The mandatory
provisions of the Act are not complied. He is permanent
residents 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.

10. It is argued by the prosecution that the petitioner
has committed heinous offence 1 Kg., 100 grams of ganja
is seized from the petitioner and other accused. The offence
punishable with imprisonment upto 10 years and with fine.
There are primaнfacie material available against them.

6
11. On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on
16.9.2022 complainant has apprehended the accused No.1.
In the motor bike of A1, 1 Kg 100 grams of ganja was seized.
The present petitioner has absconded from the spot. The
allegation against the present petitioner and accused No.1 is
they have assaulted the on duty police officials and they
were carrying contraband ganja. On looking to the seizure
panchanama the drugs seized from accused No.1 is
weighing 1 Kg., 100 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
9.10.2001 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 1 Kg., 100 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,
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Crl.Misc.No.76/2023
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.
12. Here in this case the drugs seized by the
investigating agency to the tune of
1 Kg., 100 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
petitions
under
regular
statues
normal,
unless
the
prosecution points towards exceptional circumstances.

13. 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 is not warranted. His Voluntary
statement is already recorded. The investing agency has not
8
produced the medical report of injured persons to ascertain
the nature of injuries caused to the complainant and his
associate. As per the information provided by the petitioner
he is permanently residing in the address shown in the
cause title.
may
The apprehension of the prosecution that he
abscond
and
may
protract
the
trial
could
be
compensated by imposing stringent conditions.

In the
result,
in
I
answer
the
point
for
consideration
the
affirmative.
14. 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.
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.

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CCHн33
Crl.Misc.No.76/2023
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 his photo ID proof and
local address proof document before the
court and photo ID proof of his 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.

with
I.O
for
[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 12th day of January 2023)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.