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 22nd DAY OF DECEMBER 2022
Crl.Misc.No.12440/2022
Petitioner :
(accused no.1)
G.Manoj, S/o.Gopal, a/a 26 years,
R/at No.25, 1st Main, 2nd Cross, Near
Ganesh Temple, Medhalli, Bengaluruн
560049
(By Sri Narayanaswamy., Adv.)
V/S.

Respondent :
State by Avalahalli PS
(By Public Prosecutor)
ORDER
The present petition U/Sec.438 of Cr.P.C., is filed by
the petitioner to enlarge him on bail in the event of his
arrest in Cr.No.329/2022 of Avalahalli PS., registered for
the offence punishable U/Sec.20(B) of NDPS Act.
2. The grounds urged by the petitioner for grant of bail
are as under:
2
That the petitioner is innocent and law abiding citizen.
He has not committed any offence much less the offence as
alleged. He has no knowledge of alleged crime and falsely
implanted at the instance of extraneous elements.

He is
having deep roots in the society. The other accused in the
case i.e., accused No.1 was arrested and he is remanded to
judicial custody. The incriminatory article is already seized
from the accused No.1.
the case.

He has been falsely implanted in
He has no nexus with the other accused of the
case. Hence, sought to grant bail.

3. The objection raised by the prosecution is that the
investigating agency has in all seized 1 Kg 250 Grams of
ganja from the possession of the accused No.1. 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 petitioner is
punishable with rigorous imprisonment for a term which
shall extend upto 10 years. There is a primaнfacie case
available against the petitioner.
dealer.

He is an habitual drug
In the event of grant of bail, he would abscond and
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CCHн33
Crl.Misc.No.12440/2022
may hamper the investigation. Hence, sought to reject the
bail plea of petitioner.

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 petitioner has made out
sufficient grounds to enlarge him on
anticipatory 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, who is the
complainant in this case before the Avalahalli PS.

The
contents of the report is as here under:н
On 24.8.2022 at about 4.00 pm., when the PI., of
Avalahalli PS., was discharging duties he has received
credible information that two persons who are proceeding to
Medahalli from KR Puram in a two wheeler were carrying
4
contraband ganja. Immediately on receipt of information he
has noted the same in the station house diary, informed the
matter to ACP. He along with staff and panchas had been to
the spot to conduct raid. When he had been to Medahalli,
Karnashree layout at road humps mounted surveillance in
the spot around 5.00 pm., the motor bike bearing No.KA 53
EK 9731 came there.

When the vehicle was stopped the
rider of the bike was apprehended, but the pillion rider ran
away from the spot. On enquiry the rider has informed his
name and address. On further probing he has stated that
he is in possession of contraband.

The gazetted officer
Dy.SP was called to the spot. During his presence, search
was conducted.
During search 1250 grams of ganja was found and
seized.

Thereafter, a detailed seizure panchanama was
drawn. A detail report was prepared and submitted before
SHO.

Basing on the report, a case in Cr.329/2022 is
registered for the offence punishable U/s.20(b) of NDPS Act.
Thereafter accused No.2 was arrested and produced before
jurisdictional Magistrate and remanded to judicial custody.
The present petitioner is shown as accused No.1 in the case
CCHн33
Crl.Misc.No.12440/2022
5
and he is shown to have absconded from the place of
incident.
8. It is argued by the learned counsel for petitioner
that he is planted in the case by the complainant police he
is unaware of seized drug. The seized article from accused
No.2 is not commercial quantity. The mandatory provisions
of Sec.41, 42, 50, 52 and 47 of the Act are not complied. He
is
permanent resident of the address given in the cause
title. In the event of grant of bail he is ready to abide by the
conditions which are being imposed by this court.
9. It is argued by the prosecution that the petitioner
has committed heinous offence 1 Kg 250 grams of ganja is
seized from the accused No.2.

The present petitioner has
absconded from the spot. The offence punishable with
imprisonment upto 10 years and with fine. There are primaн
facie material available against him.
10. On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on
24.8.2022
complainant
has
conducted
raid
and
apprehended accused No.2. On looking to the seizure
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panchanama the drugs seized from accused No.2 is
weighing 1 Kg., 250 grams of ganja is seized.

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 ganja seized is 1 Kgs.
250 grams of ganja
is an intermediate quantity.

The
present petitioner shown to have absconded from the place
of incident. The allegation against the present petitioner he
along with accused No.2 is carrying the incriminatory ganja
when he and accused
No.2 were intercepted, he has ran
away from the spot. The investigation is concluded, recovery
of contraband is already made from accused No.2. The
contraband seized in the case is intermediary in quantity.
11.

Incriminatory article is already seized from
accused No.2. The offence alleged against the petitioner is
not punishable with death or imprisonment for life.
Custodial interrogation of petitioner is not warranted. As per
the
information
provided
by
the
petitioner,
he
is
CCHн33
Crl.Misc.No.12440/2022
7
permanently residing in the address shown in the cause
title. The apprehension of the prosecution that he 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.
12. Point No.2:н In the result, I proceed to pass following:
ORDER
The
Petition
filed
by
the
petitioner
U/Sec.438 of Cr.P.C is hereby allowed.
The respondent police is directed to release
the petitioner on bail in the event of his arrest in
Cr.No.329/2022 of Avalahalli Police Station for the
offences punishable U/s.20(B) of NDPS Act, on
executing
personal
bond
for
a
sum
of
Rs.1,00,000/н with two sureties for the like sum
with following conditions:н
1.

He shall not directly or indirectly make
any inducement, threat or promise to any
person acquainted with facts of the case,
so as to dissuade him from disclosing
such facts to the Court or to any police
officer.

2.

He shall mark his attendance before the
concerned IO on every first Sunday of the
month between 10.00 am., to 5.00 pm., till
filing of the charge sheet or further orders
which ever is earlier.

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3.

He shall attend before the Court on all
dates of hearing without fail and shall not
leave the jurisdiction of this court till the
conclusion
of
trial
without
prior
permission of this court.

4)
He shall not threaten or try to tamper with
the prosecution witnesses in any
manner.

5)
He shall not commit similar offence or
any offence while on bail.

6)
He shall furnish his photo ID proof and
photo identity proof of their surety.

7)
Breach of any of the conditions by the
petitioner 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 22nd day of December 2022)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.