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 17th DAY OF JANUARY 2023
Crl.Misc.No.7/2023
PETITIONERS :
(Accused No.5)
1. Harish @ Choori,
S/o Prakash,
Aged about 28 years,
Residing at No.72,
2nd cross, Bhashamanagar,
Srirampura,
Bengaluru – 560 021.
(By Sri Bhat P.R. Adv.)
V/S.
RESPONDENT :
State by Srirampura PS, Bengaluru.
(By learned Public Prosecutor)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by
the petitioner to enlarge him on bail, in Cr.No.70/2021, of
Srirampura PS., registered for the offences punishable
U/Sections 20(B), 8(c) of N.D.P.S., Act and Sec. 379 of IPC.
2
2. The prevalent grounds urged seeking bail:
That the petitioner is very innocent and law abiding
citizen. He has not committed any offence much less the
offence as alleged.
He has been falsely implicated by the
respondent in this case. Though the alleged offence is non
bailable, but is neither punishable with imprisonment for
life or death sentence. The procedure contemplated under
N.D.P.S. Act not followed while recovery. The investigation in
the case is concluded and charge sheet is filed, further,
detention of petitioner is not warranted.
There is no
recovery of contraband from the present petitioner.
The
petitioner is ready and willing to abide by any conditions
imposed by this court in the event of grant of bail. He is
ready to offer surety for his due appearance before this
court. Hence, sought to grant bail.
3. The prosecution while opposing the bail petition
contended that the I.O has seized 800 grams of charas and
200 grams of weed oil and 25 Kgs of ganja from the accused
Nos. 1 to 3 and 6. Ganja seized is commercial quantity.
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Crl.Misc.No.7/2023
3
There are sufficient materials available against the petitioner
and
the
said
offences
are
punishable
with
rigorous
imprisonment for a term which shall not be less than 10
years which may extend to 20 years and shall also be liable
to fine.
The investigation is pending.
In the event of his
release he may tamper with the prosecution witnesses.
Incriminatory articles were seized from his custody.
The
petitioner hails from Andhra Pradesh and he has no
permanent address in Bangalore. He may involve himself in
similar offences.
provisions
Investigating agency by complying the
prevailed
under
the
act
has
seized
the
contraband from the petitioner. The petitioner herein would
sell the drugs to the younger generation which may ruin the
career of younger generation.
With these specific pleas
sought to reject the bail plea of the petitioner.
4. Heard learned counsel for the petitioner and the
prosecution.
5. The points that arise for my consideration are as
here under:
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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: The PSI, Srirampura PS., Bangalore
has put the criminal law into motion.
The gist of the
allegation reads as here under:
8. The case of the prosecution is that on 20.06.2021 at
about 12.30 p.m., complainant received credible information
that, three persons are transporting the drug called charas
in public place near Ayyappaswamy Temple Road towards
Subramanya
Nagar,
on
a
two
wheeler.
Therefore,
complainant forwarded the information to his superior
officer, secured panchas and staff members went to the spot
and apprehended the accused No. 1 Prashantha, accused
No.2 John and Accused no.3 Sundar. On search they seized
in all seized 800 grams of charas and 200 grams of weed oil
from them. They drew panchanama, arrested the accused
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Crl.Misc.No.7/2023
5
Nos. 1 to 3 and produced before Magistrate and remanded
to judicial custody.
9.
Further on 2.7.2021 on the information of the
informant about accused No.6 is coming to Okalipura to sell
ganja to one Sunil. Complainant along with his team went
to the spot to apprehend the said persons. At 5 th cross of
Okalipuram near a Kalyana Mantapa they saw a auto
bearing No.KA 05 C 2396 coming to that place.
stopped the said auto.
They
On seeing them, the driver of the
auto ran away from the spot. They apprehended the person
who was sitting in the passenger seat with a bag.
On
enquiry the accused revealed his name and address as Babu
Rao s/o Nagesha Rao of Vishakapattanam and that he had
bought ganja from Andhra Pradesh.
On opening the bag
they found 25 Kgs., 400 grams of ganja.
10.
On further enquiring accused No.6, he has
revealed that, he has brought ganja to sell the same to
accused No.7 Sunil, during interrogation it is revealed by
accused No.7 who was secured under Body Warrant that, he
has
purchased
Vishakapattanam.
ganja
through
one
Babu
Rao
of
Accused No.1 and 2 in their voluntary
6
statement have stated that, they have procured ganja from
one Narayana and Harish @ Choori.
Basing on the
statement of accused Nos. 1 to 3, the present petitioner is
arrested on 19.11.2021 and since then, he is in JC.
11.
His voluntary statement came to be recorded.
There is no recovery at his instance.
Investigation in the
case is concluded and charge sheet is filed.
12. It is vehemently argued by the learned counsel for
the petitioner that petitioner is falsely implicated in the said
case. Accused Nos.1 and 2 have been released on bail in
Crl.Misc.5248/2021 dt.7.7.2021 and this petitioner is also
claiming the bail on the same ground and entitled for bail
on the ground of parity. The mandatory provisions have not
been complied. The investigation is concluded and charge
sheet is filed. Custodial interrogation is not warranted. He
is entitled for bail.
13. It is argued by the prosecution that the petitioner
has committed heinous offence and the drugs were seized
from his custody. There are primafacie material available
against him.
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Crl.Misc.No.7/2023
14. On careful analysis of rival contentions and the
prosecution papers available on record, the investigating
agency seized 25 Kgs., 400 grams of ganja under the seizure
panchanama. 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 drug
ganja 20 Kgs., is commercial quantity. In the present case
ganja seized weighing 25 Kgs., 400 grams is commercial
quantity. In the instant case, commercial quantity of ganja
is seized from the goods auto where accused No.6 Babu
Ram was travelling. At the instance of accused Nos. 1 to 3
800 grams of charas and 200 grams of ganja oil was seized.
The allegation against the present petitioner is he has
supplied contraband to the other accused. But after arrest
of present petitioner there is no recovery of contraband at
his instance. The recovery is already effected, charge sheet
is also filed in the case. On what date present petitioner has
supplied contraband to the other accused, no material
collected.
Basing on the voluntary statement of other
accused, present petitioner is arrested.
The contention of
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prosecution is he has been prosecuted in other criminal
cases, but in regard to the conviction of accused in the said
cases, there is no material placed on record. Thus at this
stage, on looking to the entire investigation papers, when
there is no recovery of contraband at the instance of present
petition, I feel if by imposing stringent conditions petitioner
is enlarged on Bail, it would not in any way hamper the trial
of the case.
15. The offence alleged against the petitioner is not
punishable with death or imprisonment for life.
Further
custodial interrogation is not warranted. His Voluntary
statement is already recorded.
As per the information
provided by the petitioner he is 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.
16. Point No.2:
following:
In the result, I proceed to pass
CCH33
Crl.Misc.No.7/2023
9
ORDER
The Petition filed by the petitioner 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/ with two
sureties for the like sum with following conditions.
1.
He shall not leave the jurisdiction of this
court without prior permission.
2.
He shall not tamper the witness or abscond.
3.
He shall not commit similar offence or
any offence while on bail.
4.
He shall furnish his photo ID proof and
local address proof document before the
court and photo ID proof of his sureties.
5.
He shall appear before the court on all
hearing dates.
6.
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 17th day of January 2023)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.