sIN 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 24th DAY OF JANUARY 2023
Crl.Misc.No.442/2023
Petitioner :
(Accused No.1 & 2)
1. Bikas Sahoo @ Raja,
S/o.Anant Sahool,
Aged about 25 years,
R/at, C/o.Rajshekar Labour Shed,
ECC Road, Pattanduru Agrahara,
White field, Bengaluru.
Permanent Resident of :
Bhusandapur Jhansipatana village,
Tangi Police Station, Khorda Dist.
Odishaн752021.
2. Ajad Ali Sheikh,
S/o.Najarul Sheikh,
Aged about 30 years,
R/at Sosu Gupta,
Near Ganesha temple,
Ramagondanahalli, White Field,
Bengaluru.
Permanent Resident of :
Kamatpura Grama, Nauda Thana
Murshidabad District,
West Bengal.

(By Sri.S.A., Adv.)
V/S.
Respondent :
State by Byappanahalli PS
2
(By Public Prosecutor)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by the
petitioners to enlarge them on bail, in Cr.No.05/2023 of
Byappanahalli PS., registered for the offence punishable
U/Sec.20(b) and 22(b) of NDPS Act .
2. The grounds urged by the petitioner for grant of bail
are as under:
That the petitioners are very innocent and law abiding
citizens. They have not committed any offence much less the
offence as alleged. They have no knowledge of alleged crime
and falsely implanted at the instance of extraneous elements.
The complainant has not seized any contraband from the
possession of the petitioners.

is the only earning member of
his family. The mandatory provisions U/s.50 of NDPS Act has
not been complied. Though the alleged offence is non bailable,
but is neither punishable with imprisonment for life or death
sentence. The petitioners are ready and willing to abide by any
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CCHн33
Crl.Misc.No.442/2023
conditions imposed by this court in the event of grant of bail.
They are ready to offer surety for their due appearance before
this court. They have no bad antecedents. They are the sole
bread earner of their 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
and 6 grams of heroin from the possession of the accused. The
accused is found to be in possession of narcotic substance. A
detailed mahazar is drawn in the spot.

Personal search is
conducted. The offence alleged against the petitioners are
punishable with rigorous imprisonment for a term which shall
extend upto 10 years. There is a primaнfacie 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.

4
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 The P.I of Byappanahalli., has put the
criminal law into motion. The gist of the allegation reads as
here under:н
On 10.01.2023, at 08.45 am., when the complainant was
discharging duties in the station, he has received a credible
information that in front of RMZ, Old Madras road within the
limits of Byappanahalli police station some persons are selling
contraband to the public. He has reported the matter to the
higher officer obtained permission to conduct raid. He along
with panchas and staff had been to the spot along with DD kit
at 10.30 am. He has mounted surveillance in the spot. Some
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CCHн33
Crl.Misc.No.442/2023
two persons are moving suspiciously in the spot they were
surrounded and apprehended. On enquiry they have revealed
their names as Bikas Sahoo and Azad Ali Sheikh. They have
also revealed their names and addresses and they were
questioned about possessing contraband. They have stated
that they are in possession of ganja and Herioin. ACP was
called to the spot personal search of accused No.1 and 2 is
conducted through ACP. During personal search of Accused
No.1 is one plastic zip lock bag 6 grams of heroin was found.
During personal search of accused No.2 in plastic carry bag
ganza was found. The said ganja was weighing 1.kg 100
grams. Contraband was seized under the mahazar. The
detailed mahazar is drawn in the spot. Accused No.1 and 2
were arrested. The raiding officer P.S.I has prepared a report.
Basing on the said report, case in Crime No.05/2023 is
registered against the accused No.1 and 2 for the offence
punishable U/s.20(B) of NDPS Act.

6
8. It is argued by the learned counsel for petitioners that
they are planted in the case by the complainant police they are
unaware of seized drug. The seized article is not commercial
quantity.

The mandatory provisions of
search seizure not
complied. They are the permanent residents of the addresses
given in the cause title. In the event of grant of bail they are
ready to abide by the conditions which is being imposed by
this court.
9.

It is argued by the prosecution that the petitioners
have committed heinous offence.

The I.O seized 1 Kg., 100
grams of ganja and 6 grams of heroin from the petitioners.
The offence is punishable with imprisonment upto 10 years
and with fine. There are primaнfacie material available against
them.
10.

On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on
10.01.2023 complainant has conducted raid and apprehended
accused.

On looking to the seizure panchanama the drugs
seized from accused No.1 and 2 is weighing 1 Kg., 100 grams
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CCHн33
Crl.Misc.No.442/2023
of ganja and 6 grams of heroin 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
hereion seized is 6 grams of Heroin and ganja seized is 1 Kg.,
100 grams of ganja which 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.

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
8
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 seized 1 Kg., 100 grams of ganja and 6
grams of heroin 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 is not warranted. Their Voluntary
statement are already recorded.

As per the information
provided by the petitioners they are permanently residing in
the address shown in the cause title. The apprehension of the
prosecution that they may abscond and may protract the trial
could be compensated by imposing stringent conditions.

In
CCHн33
Crl.Misc.No.442/2023
9
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 petitioners U/Sec.439 of
Cr.P.C is hereby allowed.
The petitioner is enlarged on bail on executing
personal bond for a 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.

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

3.

They shall
abscond.

4.

They shall
investigation.

5.

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

6.

They shall furnish his photo ID proof and
local address proof document before the
court and photo ID proof of his sureties.

not
tamper
coнoperate
the
with
witness
I.O
or
for
10
7.

They shall appear before the court on all
hearing dates.

8.

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

[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 24th day of January 2023)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.