Crl.Misc. No.3235/2024
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KABC010091322024
In the Court of the XXXIV Additional City Civil and Sessions Judge and
Special Judge, (NDPS), (CCH-35), Bengaluru
Dated this the 5 th day of April, 2024
Present :Sri. G.Raghavendra, B.Sc., LL.B.,
XXXIV Addl. City Civil & Sessions Judge and
Special Judge, (NDPS),
Bengaluru.
Crl.Misc. No.3235/2024
Petitioner:
Basisth Kumar Giri,
S/o Jahalal Giri,
Aged about 39 Years,
R/at No.63, 7th Cross,
S.T.Bed Layout,
Srinivagilu,
Viveknagar Post,
Bangalore.
Native of:
Naksara Village,
Gagarbeda PS,
Mayurbhanj District,
Odisha.
(By Sri. Syed Muzakkir Ahmed, Advocate)
Vs.

Respondent:
The State by
Crl.Misc. No.3235/2024
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Viveknagar 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 /
Accused No.1 to enlarge him on bail in Crime No.58/2024 registered by
Respondent Ц Viveknagar Police Station, Bengaluru City, for the offences
punishable under Section 20(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.
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 offence 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:
Crl.Misc. No.3235/2024
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REASONS
6) Point No.1: Perused the certified copy of the documents
produced by the petitioner along with this criminal miscellaneous petition.
That on 30.03.2024 at 8:45 a.m. when Smt. Kalavathi K. R, Police SubInspector (PSI), Viveknagar Police Station, Bengaluru City was in station
a informer met her and informed that a person aged about 35 to 40 years,
Medium height, average built, wheatish skin has transported ganja in a
college bag in a auto and is trying to sell the ganja to customers near
Chor Park, Astwin Town, within the limits of Vivekanagar Police Station.
Thereafter, PSI entered the information in Station House Diary and
informed Assistant Commissioner of Police, Cubbon Park Sub-Division,
Bengaluru City and obtained permission to carryout the raid. Thereafter,
PSI called for two panchas to Police Station and informed them about the
information that he received and issued notice to them. Thereafter PSI
along with panchas, some staff of Vivekanagar Police Station and
investigation materials such as laptop, portable printers etc left the Police
Station at 9:45 a.m. after searching each other to see that there were no
ganja with them and reached near the place at 10:10 a.m. While watching
PSI and others saw a person as per the description given by the informer
was waiting for some body by hanging a college bag on his shoulder.
Thereafter PSI sent Sri. Pavan Kumar, P.C.20388 for confirmation of
information and to give signal after the confirmation. After sometime Sri.
Pavan Kumar, P.C.20388 signaled PSI . Thereafter, PSI and others
conducted raid on said person at 10:20 a.m. and said person tried to run
away by throwing the bag to footpath. PSI and others chased said person
and caught hold of him. On enquiry said person revealed his name and
address and further stated that he has purchased ganja from unknown
middle man at tribal villages in and around Ganjam District, Odisha and
Crl.Misc. No.3235/2024
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transported the same in train and waiting for customers to sell the ganja.
Thereafter, PSI found 3 kgs 350 grams of ganja, 18 zip lock plastic
covers, 15 plastic carry bags and Rs.320/- earned by selling ganja under
seizure mahazar between 10:30 a.m. to 11:45 a.m.
7)
Thereafter, PSI brought accused No.1 along with seized
ganja and other articles to Police Station at 12.00 noon and gave a
computer typed complaint. On the basis of complaint a first information
report in crime No.58/2024 was registered by Smt. Chaithra T R , Women
Police Sub-Inspector, Vivekanagar Police Station, Bangalore City against
accused No.1 for the offences punishable under section 20(b) of NDPS
Act.
8)
The Petitioner in his petition has stated the following grounds
to show that he is entitled for bail.
i) The petitioner is innocent of the alleged offences.
ii)
That respondent police have not followed the
provisions of Section 42, 50, 55 & 57 of NDPS Act.
iii) The quantity of ganja alleged to be seized is
below commercial quantity and as such restriction to
grant bail as per Section 37 is not attracted.
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 accused No.1
is 3 kgs 350 grams, which is intermediate quantity.

Crl.Misc. No.3235/2024
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10)
The offence alleged against the accused No.1 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 No.1 is not punishable with death or imprisonment for life.
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
Crl.Misc. No.3235/2024
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19 or Section 24 or Section 27A and also for offences involving
commercial quantity, Section 437(1) (ii) and Section 437 (3) are
applicable.
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
Crl.Misc. No.3235/2024
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(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
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. Accused No.1 is from
State of Odisha. 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
Crl.Misc. No.3235/2024
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Criminal Procedure, 1973 filed by Petitioner / accused No.1 is allowed.
The Petitioner / accused No.1 is enlarged on bail on execution of
personal bond of Rs.1,00,000/- (Rupees One Lakh), along with one surety
for the like sum in Crime No.58/2024 registered by Respondent Ц
Viveknagar Police Station, Bengaluru City, for the offences punishable
under Section 20(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 regularly appear before the court.
4) The Petitioner / Accused No.1 shall produce copy of his Aadaar card
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 partly and also directly on computer to the Stenographer, after transcribed/ typed
by her, corrected, signed and pronounced in the open court on this the
2024).

5th day of April,
Digitally signed by
RAGHAVENDRA RAGHAVENDRA G
G
Date: 2024.04.05
17:04:30 +0530
(G. Raghavendra)
XXXIV Addl. City Civil & Sessions Judge
& Special Judge (NDPS), Bengaluru.