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 16th DAY OF JANUARY 2023
Crl.Misc.No.235/2023
PETITIONERS :
1. Deep Darshan.N,
S/o Nanjundappa,
Aged about 19 years,
Residing at No.74/1,
Opp.Anjaneya Temple,
Near Govt. School,
Yamaluru Post,
Chalaghatta,
Bengaluru Ц 560 037.
2. Narasimha,
S/o Munikudarappa,
Aged about 19 years,
Residing at Mudaglamma Street,
Budugere,
Bengaluru Rural,
Bengaluru Ц 562 129.
(By Sri Lokesha.Y., Adv.)
V/S.

RESPONDENT :
State by Jeevan Bheema Nagar PS,
Bengaluru.
(By learned Public Prosecutor)
2
ORDER
The present petition is filed by the petitioners U/s.439
of Cr.P.C., to enlarge them on bail, in Cr.No.05/2023 of
Jeevan
Bheemanagar
PS.,
registered
for
the
offences
punishable U/Sec 20(b) of NDPS Act.

2. The grounds urged by the petitioners for grant of bail
are as under:
That the petitioners are very innocent and law abiding
citizen. They have not committed any offence much less the
offence as alleged. They have been falsely implicated in this
case. They have no knowledge of alleged crime and falsely
implanted at the instance of extraneous elements. The
mandatory provision 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 entire allegations made by the
complainant
are all false and frivolous.

There are no
reasonable grounds to believe that the petitioners are guilty
of the alleged offence.

There is no specific overt act
attributed against them. The petitioners are permanent
3
CCHн33
Crl.Misc.No.235/2023
residents of the address as shown in the cause title and
having deep roots in the society. They have no bad
antecedents. They are the only earning members of their
respective families. They are ready and willing to abide by
any conditions that may be imposed by this court in the
event of grant of bail.

They are
ready to offer surety for
their due appearance before this court. Hence, sought to
grant bail.
3.

The objection raised by the prosecution is that
the investigating agency has in all seized 2 Kg., 150 grams
of ganja from the possession of the accused Nos.1 and 2. A
detailed mahazar is drawn in the spot. Personal search is
conducted. The offence alleged against the petitioners is
punishable with rigorous imprisonment for a term which
shall extend upto 10 years. There is a primafacie case
available against the petitioners.
dealers.

They are habitual drug
In the event of grant of bail, they would abscond
and may hamper the investigation. Hence, sought to reject
the bail plea of petitioners.

4
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 the petitioners have made
out sufficient grounds to enlarge
them 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, Jeevan
Bheemanagar PS., who is the complainant in this case
before the Jeevan Bheemanagar
PS. The contents of the
report is as here under:н
On 04.01.2023 at about 12н10 noon, when the
complainant PSI was in the police station, received credible
information that at Suranjan Das Road, in front of Sacred
Heart School opposite road, two persons are selling Ganja
CCHн33
Crl.Misc.No.235/2023
5
to the public. On confirming about the information, he has
informed the matter to the ACP and obtained permission. He
along with the staff
and panchas
has been to the spot
around 1н00 pm. In the spot, two persons were found and
on seeing the police, they tried to ran away from the spot.
They were surrounded and apprehended. On enquiry, they
revealed their names as Deep Darshan, S/o Nanjundappa
and Narasimha, S/o Munijudarappa.

When they were
questioned about the contents of the bag, they have revealed
that they are in possession of Ganja. In the presence of
ACP,they have searched the accused persons, they found
Ganja, which was found in the bag. The said Ganja was
weighed, the weight of Ganja came around 2 kgs 150 grams.
A detailed mahazar has been drawn in the spot. The
complainant has arrested the accused, prepared a detailed
report which is the basis to register the case against them in
Crime No.05/2023 for the offences punishable u/Sec 20(b)
of NDPS Act. The accused were produced before the court
and were remanded to judicial custody.

The petitioners
herein are the accused Nos.1 and 2 in the case.

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 the
search and seizure are not complied. They are permanent
residents of the address given in the cause title.

In the
event of grant of bail they are ready to abide by the
conditions which are being imposed by this court.

9.

It is argued by the prosecution that the
petitioners have committed heinous offence, 2 Kg., 150
grams of ganja is seized from the petitioners. The offence
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
04.01.2023
apprehended
complainant
accused.

has
On
conducted
looking
to
raid
the
and
seizure
panchanama the drugs seized from petitioners herein is
weighing 2 Kg., 150 grams of ganja. As per specification of
small
and
commercial
quantity
of
narcotic
drug
or
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CCHн33
Crl.Misc.No.235/2023
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 ganja seized is 2 Kg., 150 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,
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.
11.

Here in this case the drugs seized by the
investigating agency to the tune of
2 Kg., 150 grams
of
ganja which is an intermediate quantity. When the quantity
8
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 the investigation is
concluded. The offence alleged against the petitioners is not
punishable with death or imprisonment for life. Further
custodial interrogation is not warranted. 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 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 petitioners are enlarged on bail on
executing
personal
bond
for
a
sum
of
CCHн33
Crl.Misc.No.235/2023
9
Rs.1,00,000/н with one surety each for the like
sum with following conditions.
1.

The petitioners 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.

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.

not
tamper
coнoperate
the
with
witness
I.O
or
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 16th day of January 2023)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.