Crl.Misc. No.7940/2023
1
KABC010219492023
In the Court of the XXXIV Additional City Civil and Sessions Judge and
Special Judge, (NDPS), (CCHЦ35), Bengaluru
Dated this the 23 rd day of August, 2023
Present :Sri. G.Raghavendra, B.Sc., LL.B.,
XXXIV Addl. City Civil & Sessions Judge and
Special Judge, (NDPS),
Bengaluru.
Crl.Misc. No.7940/2023
Petitioner:
(Accused No.1)
Bibhash Kumar Shas @ Bibhash
S/o Bhiven Sav
Aged about 27 years,
R/at No.107, Near More Building,
Devasandra Main Road,
K.R. Puram,
Bengaluru Ц 560 036.
(By Sri. J.V.Srinivasaiah, Advocate)
Vs.

Respondent:
The State of Karnataka,
by Hebbala Police Station,
Bangalore.
(By Public Prosecutor)
ORDER
1) This Criminal Miscellaneous Petition under Section 439 of
Crl.Misc. No.7940/2023
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Code of Criminal Procedure, 1973 (‘Cr.P.C.’ for short) is filed by Petitioner
/ accused No.1 to enlarge him on regular bail in Spl.C.No.43/2023 (Crime
No.127/2022) registered by Respondent Ц Hebbala 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 along with report of Investigation Officer
and case diary- 1 to 4.
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 is
entitled for 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:
Already charge-sheet has been submitted by
CW.8, Sri. Subash H. Lamani, Police Sub-Inspector, Hebbala police
station, Bengaluru city against accused Nos.1 and 2
for an offence
Crl.Misc. No.7940/2023
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punishable under Section 20(b) of NDPS Act.
7) The case of the prosecution is that on 23.7.2022 on the footpath
before BBMP Park, 1st cross, Amarajyothi Layout, within the limits of
Hebbala police station under seizure mahazar between 4.00 p.m., to 5.30
p.m., CW.1, Sri. Madhu C.A., Police Sub-Inspector, Hebbala police
station, Bengaluru city has found and seized 3 kg 130 grams of ganja
from the possession of accused Nos.1 and 2.
8)
The Petitioner in this petition has stated that he was already
granted bail in Crl. Misc. No.7409/2022.
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 No.1 is 3 kgs 130 grams, which is between small and
commercial quantity.
10) Counsel for accused No.1 has produced copy of order passed
by XXXIII Addl. City Civil & Sessions Judge, and Special Judge (NDPS),
CCH-33, Bengaluru, in Crl.Misc. No.7409/2022 on 1.8.2022 , wherein
accused No.1 and 2 were enlarged on bail on the condition of executing
personal bond for a sum of Rs.50,000/- each with one surety for the like
sum.
11) Perused the order sheet of Spl.C.No.43/2023. That on
27.7.2023, NBW was issued against accused No.1 as accused No.1
remained absent. Thereafter, on 7.8.2023 accused No.1 was produced in
Crl.Misc. No.7940/2023
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Spl.C.No.43/2023 by executing non bailable warrant. In the grounds of
this petition the petitioner / accused No.1 has stated that on 2 previous
hearing dates he could not present before the court as he was out of
station i.e., in his native place. By perusal of the order sheet, it can be
seen that, on 27.7.2023 only accused No.1 was absent. Already accused
No.1 was granted regular bail. The allegation against accused No.1 and 2
is they were possessed 3 kg 130 grams of ganja which is intermediate
quantity. As NBW is already executed the personal bond executed by
accused No.1 and bonds executed by sureties have become infructuous.
This court is of the opinion that by imposing reasonable penalty of
Rs.5,000/- and on condition to execute personal bond of Rs.50,000/- with
a surety different from they earlier surety would be proper.
12)
In view of the discussion I made above, this court is of the
opinion that, petitioner / accused No.1 is entitled for bail. Hence, I answer
point No.1 in the Affirmative.
13)
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 payment of
penalty of Rs.5000/- (Rupees Five Thousand) and on execution of
personal bond of Rs.50,000/- (Rupees Fifty Thousand), along with one
surety for the like sum in Spl.C.No.43/2023 (Crime No.127/2022)
registered by Respondent Ц Hebbala Police Station, Bengaluru City, for
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the offences 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 regularly appear before the
court.
(4) The Petitioner / accused No.1 shall not commit any offences similar
to the offences of which he is accused or any other offences.
(5) 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 typed by him, corrected, signed
and pronounced in the open court on this the 23rd day of August, 2023).
RAGHAVENDRA
G
Digitally signed by
RAGHAVENDRA G
Date: 2023.08.24
12:31:01 +0530
(G. Raghavendra)
XXXIV Addl. City Civil & Sessions Judge
& Special Judge (NDPS), Bengaluru.