IN THE COURT OF THE XXXIII ADDL.CITY CIVIL &
SESSIONS JUDGE & SPL. JUDGE (NDPS), BENGALURU.
CCH­33.
PRESENT:
SMT. B.S. JAYASHREE, LL.M.,
XXXIII ACC & SJ & SPL.JUDGE (NDPS),
BENGALURU.
DATED: THIS THE 28th OF MARCH 2024
Crl. Misc.No.2390/2024
Petitioner :
(accused No.3)
Mr.Jafar Ali S. S/o. Sharif Pasha,
Aged about 27 years,
R/at No.109,
Lakshmi Venkateshwara,
Tent Road, Kowdenahalli,
Ramamurthy Nagar,
Doorvaninagar, Bangalore.
(By Sri. Rajesh Kumar T.R.,Adv.)
V/S.

Respondent :
State by Ramamurthy Nagar Police
(By 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.128/2024 of
Ramamurthy Nagar PS., registered for the offences punishable
U/Sec.22(c) of N.D.P.S. Act.

Crl.Misc.2390/2024
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. The quantity seized from this petitioner is
intermediate quantity.

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. There are no reasonable
grounds to believe that the petitioner has committed the
alleged offences. The petitioner is a permanent resident in the
address as shown in the cause title. The petitioner is only
responsible for taking care of his mother. 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 2 K.G. of Ganja from
accused No.1 and 2 and 11 Grams of MDMA, from the present
3
Crl.Misc.2390/2024
petitioner and one Mohammed Ayaz 2 Kgs of Ganja is seized.
The contraband seized is a commercial quantity. There are
sufficient materials available against the petitioner and the
said offences are punishable with rigorous imprisonment for a
term which shall extend to 10 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. He may involve himself
in similar offences. Investigating agency by complying the
provisions 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.
here under:
The points that arise for my consideration are as
Crl.Misc.2390/2024
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:­ The PSI of Ramamurthy Nagar Police
Station is the complainant in the case. The gist of the
allegation reads as here under:­
On 21.02.2024 at 11­48 a.m. when the complainant/PSI
was in the Police Station he has received credible information
that at Kasturi Nagar, behind Gas godown near Railway Track
two persons aged in between 20 – 25 were selling contraband
MDMA to the public, they are in possession of 15 to 20 grams
of MDMA were name Syed Husen and Mohammed Arif.

On
receipt of the said report he has registered a case in Crime
No.128/2024 against Syed Husen and Mohammed Arif for the
5
Crl.Misc.2390/2024
offence punishable U/Sec.22(c) of NDPS Act.

Thereafter, he
had informed the matter to ACP and obtained permission to
conduct raid. He along with staff, panchas and investigation
tools proceeded to the spot. In the spot there were two persons
they were apprehended, on enquiry they have revealed their
names as Jaffer, Mohammed Arif and Mohammed Ayaz.
During search 2 Kgs. of Ganja is found and the said Ganja is
seized. Further during search of Motorbike one plastic cover is
found and when the said cover is checked it is containing
MDMA. When the said MDMA is weighed weight of MDMA the
contraband came around 11 Grams. The said contraband
articles and vehicle of accused No.1 and 2 were seized under a
mahazar. Further their voluntary statement is recorded. In the
voluntary statement accused No.1 and 2 they have revealed
that they have stored Ganja in one place and they are doing
trade of Ganja along with Jafar Ali and Mohammed Ayaz. They
took the Police to Ramamurthy Nagar 4 th Cross, beside Tata
Steel Lorry stand to the vacant space. They have stated that
they have stored Ganja in the said place. Two persons were
their in the spot. The said two persons were apprehended on
Crl.Misc.2390/2024
enquiry they have revealed their names as Jaffer S/o.Shariff
Pasha, Mohammed Ayaz S/o. Fayaz Ahmed. When they were
questioned about a bag, which was there in the spot, they have
stated that it is containing Ganja, when the said bag is
checked it is containing Ganja and on weighing the same
weight came around 2 Kgs.

After packing weight of Ganja
came around 2 Kg 20 grams.

The Scooter of the accused
bearing No.KA­53­HB­3527, which was in the spot was also
seized. The PSI came back to Police Station along with seized
articles and accused, recorded their voluntary statement. In
the voluntary statement accused have revealed that they have
stolen in all about 6 bikes and 4 bikes they have kept near
Rampura Lake and they have stated if they are taken to the
said spot they are going to show the said place and said motor
bikes to them. At the instance of the accused near Rampura
Lake the said Motor bikes were seized, which were pertaining
to Crime No.115/2024 of Ramamurthy Nagar Police Station
and Crime No.307 of Subramanyapura Police Station and
Crime No.104/2023 of Mahadevapura Police Station. Basing
on the recovery and seizure the petitioner herein along with
7
Crl.Misc.2390/2024
other accused was prosecuted
in Cr.No.128/2024 which is
registered against them for the offence punishable U/Sec.22(C)
of N.D.P.S. Act. The accused herein along with other accused
were produced to the court and remanded to J.C.
8.

On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on
21.02.2024 complainant has conducted raid and apprehended
accused.

On looking to the seizure panchanama the drugs
seized from petitioner is weighing 11 grams of MDMA. 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.134 the narcotic drug­MDMA 0.5 grams is
small quantity and 10 grams is commercial quantity. In this
case the quantum of 11 grams of MDMA seized is commercial
quantity. Ganja seized in the case is intermediate quantity.
The accused No.1 and 2 were arrested at Kasthuri Nagara
Railway Track and from them MDMA to the tune of 11 grams
and Ganja to the tune of 2 Kgs. seized. The present petitioner
Crl.Misc.2390/2024
and accused No.4 were apprehended at Tata Steel Lorry stand,
4th Cross in a vacant place, which is situated at a distance of
1 ½ Kms from where accused No.1 and 2 were arrested.

At
the instance of present petitioner and Accused No.4 2 Kgs of
Ganja seized. The allegation against accused No.1, 2 and 4,
and the present petitioner is they were also involved in theft of
Moter bikes and at their instance 4 Motor bikes were seized.
Now the seizure effected in the case is perused carefully, from
the present petitioner and A4 2 Kgs of Ganja is seized, whereas
from A1 and A2 2 Kgs of Ganja and 11 Grams of MDMA seized
which is from a different place. There is no joint recovery. The
seizure effected from the present petitioner is from a different
place, the seizure effected from Accused No.1 and 2 from a
different place. The quantum of Ganja seized from the present
petitioner is 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 – Bail – grant of – non commercial
quantity – quantity involved being only 14 Kgs., of
ganja, which is a non commercial quantity appellant
9
Crl.Misc.2390/2024
accused not involved in any other case – in above
circumstances, held, appellant should be released on
bail, pending trial – 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.
9.

Here
in
this
case
the
drugs
seized
by
the
investigating agency to the tune of 6 Kg., of ganja 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.
10.

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
Crl.Misc.2390/2024
custodial interrogation are not warranted. Their Voluntary
statements are 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.
11. Point No.2 :­ In the result, I proceed to pass following:
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.

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.

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

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Crl.Misc.2390/2024
3.

He shall not tamper the witness or
abscond.

4.

He shall co­operate
investigation.

5.

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

6.

He shall furnish their photo ID proof
and local address proof document before
the court and photo ID proof of their
sureties.

7.

He shall appear before the court on all
hearing dates.

8.

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

with
I.O
for
[Dictated to the Stenographer Gr­II, directly on the computer, typed and
computerised by her, corrected, signed and then pronounced by me in Open Court
on this the 28th day of March, 2024]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
GVSR*
Crl.Misc.2390/2024
RDER PRONOUNCED IN THE OPEN COURT, VIDE
SEPARATE 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:­
13
Crl.Misc.2390/2024
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.

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

3.

He shall not tamper the witness or
abscond.

4.

He shall co­operate
investigation.

5.

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

6.

He shall furnish their photo ID proof
and local address proof document before
the court and photo ID proof of their
sureties.

7.

He shall appear before the court on all
hearing dates.

8.

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

with
I.O
for
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.

Crl.Misc.2390/2024