Crl.Misc. No.8429/2023
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KABC010232522023
In the Court of the XXXIV Additional City Civil and Sessions Judge and
Special Judge, (NDPS), (CCHЦ35), Bengaluru
Dated this the 4 th day of September, 2023
Present :Sri. G.Raghavendra, B.Sc., LL.B.,
XXXIV Addl. City Civil & Sessions Judge and
Special Judge, (NDPS),
Bengaluru.
Crl.Misc. No.8429/2023
Petitioner:
(Accused )
Bishnu Prasad Raita,
S/o Sombaru Raita,
Aged about 22 years,
Residing at Gopalpur Village,
Mangarapur Post & Panchayath,
Ramagiri, Gajapathi District,
Odisha Ц 761 016.
(By Sri. Mahesh Patil, Advocate)
Vs.

Respondent:
The State of Karnataka,
by Bengaluru Cantonment Railway
Police Station,
Bangalore.
(By Public Prosecutor)
Crl.Misc. No.8429/2023
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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 to enlarge him on regular bail in Crime No.30/2023 registered
by Respondent Ц Bengaluru Cantonment Railway Police Station,
Bengaluru City, for the offences punishable under Section 20 (b) (ii) (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,
FIR, etc.
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 satisfies that
there are reasonable grounds for believing that he is not
guilty of an alleged offences 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:
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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.
These documents reveal that on 19.8.2023 Sri. Shivakumar, Police SubInspector (PSI), Byappanahalli Railway police station, along with other
members of special team constituted to detect ganja and ganja sellers in
trains to Bengaluru, boarded Train No.18463 Ц Prashanti Express at
Gauribidanur Railway Station and were watching luggages of passengers
in Train.

Thereafter, Train reached Platform No.1 of Bangalore
Cantonment Railway Station at 11.30 a.m. After alighting from the Train,
PSI and others were watching the luggage of passengers alighted from
the train and they saw a person sitting on a steel bench near catering stall
of Platform No.1 by keeping a shoulder bag and trolley bag under the
bench. On suspicion, PSI asked said person about the contents of bags.
Said person answered evasively and on further questioning said person
has stated that ganja is in the bags. On enquiry said person revealed his
name and address and stated that he has purchased ganja from unknown
person in forest area of Mohona, Gajapati District, Odisha State and
transported the same from Balagaon Railway Station of Odisha in Train
No.18463 Ц Prashanti Express. Thereafter, PSI informed CPI, Bengaluru
Cantonment Railway Circle and Deputy Superintendent, Railways SubDivision, Bengaluru, at 12.15 p.m. through phone. Thereafter, PSI
informed Sri. M.G. Nataraj, PSI, Cantonment Railway police station and
asked to send staff with investigation materials to seize the ganja.
Thereafter, PSI called for panchas and in the presence of panchas PSI
found and seized 7 kgs 300 grams of ganja kept in a bundle kept in
shoulder bag and 10 kgs of ganja in a bundle kept in Trolley bag.
Thereafter, PSI seized totally 17 kgs 300 grams of ganja under seizure
Crl.Misc. No.8429/2023
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mahazar. Thereafter, PSI brought accused along with seized ganja and
other articles to Byappanahalli Railway Police Station and gave a
computer typed complaint / information at 4.30 p.m. On the basis of
complaint, a first information report under Crime No.30/2023 was
registered against the accused for an offence punishable under Section
20(b) (ii) (B) of NDPS Act.
7) The Petitioner in this petition has urged the following grounds:
i)
The petitioner has been falsely implicated in the case.

ii)
The alleged offences leveled against the petitioner is
not punishable with death or imprisonment for life.
iii)
The
respondent
police
have
not
followed
the
provisions of NDPS Act.
8) 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 is 17 kgs., 300 grams, which is between small and
commercial quantity.
9) The offence alleged against accused 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 is not
punishable with death or imprisonment for life.
10) Section 37 of NDPS Act, mandates that no person accused of
Crl.Misc. No.8429/2023
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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.
11)
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
12) 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.
13) As per the above Section 37(2) of NDPS Act, while deciding the
bail application for offences except the offences punishable under Section
19 or Section 24 or Section 27A and also for offences involving
commercial quantity, Section 437(1) (ii) and Section 437 (3) are
applicable.
14)
under:
Section 437(1) (i) & (ii) & Section 437(3) of Cr.P.C., reads as
Crl.Misc. No.8429/2023
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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
(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
Crl.Misc. No.8429/2023
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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
15) The prosecution in the objection filed to this criminal
miscellaneous petition has contended that if accused is released on bail,
he may commit the similar offences, tamper with the prosecution
witnesses and may not appear before the court. The prosecution has not
objected to the bail application on the reason that accused is involved in
similar offences or in any other case. The petitioner is from Odisha State.
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.
16)
In view of the discussion, I made above, I am of the opinion
that, Petitioner / accused 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.
17)
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 is allowed.
The Petitioner / accused 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.30/2023 of Bengaluru Cantonment Railway
Crl.Misc. No.8429/2023
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Police Station, Bangalore, for the offence punishable under Section 20 (b)
(ii) (B) of NDPS Act, 1985 on the following conditions:
(1) The Petitioner / accused 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 shall cooperate with the Investigation
Officer (I.O) for investigation.
(3) The Petitioner /accused shall submit copy of his Aadhaar Card.
(4) The Petitioner / accused shall regularly appear before the court.
(5) The Petitioner / accused 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 would
entail cancellation of bail.
(Dictated to the Judgment Writer directly on computer, after transcribed / typed by
him, corrected, signed and pronounced in the open court on this the 4th day of
September, 2023).

RAGHAVENDRA
G
Digitally signed by
RAGHAVENDRA G
Date: 2023.09.05
17:15:52 +0530
(G. Raghavendra)
XXXIV Addl. City Civil & Sessions Judge
& Special Judge (NDPS), Bengaluru.