Jatin Narendra Parmar Bob Vs State of Karnataka City Civil and Sessions Court Bengaluru Crl Misc Application No 282 of 2023

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 18th DAY OF JANUARY 2023
Crl. Misc.No.282/2023
Petitioner :
(accused No.3)
Jatin Narendra Parmar @ Bob,
Aged 28 years,
S/o.Narendra Parma,
R/o Maniyar Building, C­1, 1st Floor,
Room No.15, Sane GurukiMarg,
Tardeo, Mumbai­400034
(By Sri.Balakrishna Jagtap., Adv.)
V/S.

Respondent :
State by NCB, Bangalore.
(By Spl. Public Prosecutor)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by the
petitioner
to
enlarge
him
on
bail,
in
NCB
No.48/1/32/2022/BZU registered for the offences punishable
2
U/Sec.8(c), 20(b) (ii) (A), 22(B), 23(A) (B), 27, 27A, 28 and 29 of
the N.D.P.S. Act.

2. The prevalent grounds urged seeking bail:­
3.

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 petitioner has no bad antecedents. He
hails from respectable family. He shown as accused No.3 in
the case. He is not involved and booking the parcel containing
drug. He do not know any persons in USA, Belagavi or Goa.
He
has
not
imported
any
article
from
foreign.

The
Investigating Agency has not collected any document to show
that, they have got information that, the above petitioner is
carrying drugs smuggling and is consuming the drug.

The
petitioner herein is living in Mumbai. He is a umemployed. He
has to take care of his aged parents.

Now, when the quantity
seized is an intermediate quantity of contraband rigors of
Sec.37 is not applicable.

The petitioner herein is in judicial
custody since the date of his arrest. If he is released on bail by
imposing conditions he would not abscond and would appear
before the court on all the dates of hearing. Hence, sought to
grant bail.

3
4.

CCH­33
Crl.Misc.282/2023
The prosecution filed objection opposing the bail
petition. While opposing the bail petition it is contended that
basing on the secret information from a reliable source on
28.12.2022 and in follow up action on 04.01.2023 &
05.01.2023 in the said case NCB Bangalore Zonal Unit team
seized total multiple drugs of 280 grams of Ganja, 103 grams
of Hashish, 57 grams of Cocaine, 141 grams of Amphetamine
in Brown & White Color, 99 Nos. of MDMA Pills weighing 46
grams of MDMA, 422 Nos. of LSD Blots weighing 07 grams
and cash Rs.50,000/­ and Cash Rs.1,50,000/­ in Bangalore,
Belagavi, Karnataka and Goa. In this regard a case was
registered vide NCB Cr.No.48/01/32/2022/BZU. Four persons
namely Pranav Sadanand Belagaonkar @ Pape (A), Naved
Ahmed Abdul Rauf Siddiqui (A2), Jatin Narendra Parmar @
Bob (A3) and K R A Michel (A4) were summoned u/s 67 of
NDPS Act and their voluntary statements were recorded. On
the basis of the voluntary statement of A1, A2, A3 and A4 the
material objects seized, the accused Nos. 1 to 3 were arrested
on 06.01.2023 for committing offences u/s 8(c) r/w 20b(ii) (A),
22(b), 23(a)(b), 27, 27A, 28, and 29 of the NDPS Act. Further
one more person named K R A Michel was summoned u/s 67
of NDPS Act and his voluntary statement was recorded. On the
basis of the voluntary statement of A4, the material objects
seized , the accused No.04 was arrested on 09.01.2023 on the
allegation of committing offences u/s 8(c) r/w 20b(ii)(a), 21(c),
22(c), 27, 27A, 28 and 29 of the NDPS Act.

4
5.

On 28.12.2022, on the basis of secret information
from reliable source,NCB, Bangalore Zonal Unit seized 215
grams of green coloured substance in the form of flowering and
fruiting tops of plant with pungent smell believed to be Ganja
from the shipment bearing number UA467864772US at
Foreign Post office Bangalore on 28.12.2022. The shipment
was sent from shipper/consignor “Dawud Mills, 1132 Jamie Dr
Concord CA 94518,” and receiver/consignee Pawan Kumar,
Plot No.178/2, Rajiv Gandhi Nagar, Bauxite Road, Belgaum,
Karnataka,590001, India. An authorization for the controlled
delivery of the seized parcel was obtained from NCB Hqrs, New
Delhi. In this regard a case was registered vide NCB Cr. No.
48/1/32/2022/BZU.
6.

On 31.12.2022, controlled delivery of dummy
parcel of shipment bearing numbers UA467864772US was
attempted with the assistance of Head Post office, Belagavi and
Nehru Nagar post office, Belagavi. But the receiver address
Pawan Kumar, Plot No.178/2, Rajiv Gandhi Nagar, Bauxite
Road, Belgaum, Karnataka, 590001 was not traced out by the
post man of Nehru Nagar Post office, Belagavi, Karnataka.
7.

On 02.01.2023, information received from Post
Master of Head post office, Belagari that one person by name
Humaid Afzalbaig Tinwale along with one more person
approached to Head post office, Belagavi to collect parcel
CCH­33
Crl.Misc.282/2023
5
Shipment No. UA467864772US on behalf of his friend Pawan
Kumar and claiming the said dummy parcel of Shipment No.
UA467864772US and given one copy of Aadhar card no.8251
3983 3097 in the name of Pawan Kumar and his Aadhar card
as identity card proof for collecting the said parcel, but post
master denied to handover the dummy parcel of the said
parcel by saying that, the consignee person Pawan Kumar only
should come and to collect the said parcel from the Head post
office, Belagavi, Karnataka. The said person Humaid Afzalbaig
Tiwale was intercepted by NCB team at Head Post office,
Belagavi and recoded his statement U/s 67 of NDPS Act 1985
wherein he has revealed that, one of his friend named Jatin
Narendra Parmar@Bob (A3) has told him to collect the parcel
at Headpost office, Belagavi, Karnataka along with Naved
Ahmed Abdul Rauf Siddiqui (A2).
8.

Further, on 03.01.2023, information received from
Post Master of Head post office, Belagavi that, two persons
namely Pranav Sadanand Belagaonkar (A1) and Naved Ahmed
Abdul Rauf Siddiquia(A2) approached to Head post office,
Belagavi
to
collect
dummy
parcel
Shipment
No.

UA467864772US and the said dummy parcel was handed over
under controlled delivery by the Post Master, Head post office,
Belagavi, Kamataka which was received by a person Pranav
Sadanand Belagaonkar@Pape(A1) by saying himself as Pawan
Kumar and by producing a copy of fake Aadhar card and fake
6
Pan Card at Head Post office, Belagavi, Kartaka on 03.01.2023.
Then, Pranav Sadanand Belagaonkar@Pape(A1) and Naved
Ahmed Abdul RaufSiddiqui (A2) were intercepted by the NCB
team at Head Post office, Belagavi, karnataka and both of them
were
summoned
forth
to
appear
before
the
NCB
Officer/Intelligence officer for enquiry. On enquiry Pranav
Sadanand Belagaonkar@Pape(A1) and Naved Ahmed Abdul
Rauf Siddiqui (A2) revealed that, their friend Jatin Narendra
Parmar@Bob (A3) sent them to collect the said parcel
Shipment No. UA467864772US and he is present in the house
of Pranav Sadanand Belagaonkar@Pape(A1). Then NCB team
went to the house of Pranav Sadanand Belagaonkar@Pape(A1)
and intercepted the person Jatin Narendra Parmar@Bob (A3)
and they were all summoned to appear before the NCB
Officer/Intelligence officer for enquiry.
9.

Further, on follow up in the said case, on
04.01.2023 house search of house of Pranav Sadanand
Belagaonkar@Pape(A1) at Plot No.178/2, 2 nd floor, Rajiv
Gandhi Nagar, Bauxite Road, Belgaum, Karnataka, 590001,
has been conducted by NCB team before the independent
witnesses and A1, A2 & A3 and recovered and seized 65 grams
Ganja, 78 grams of Hashish, 12 grams of Cocaine and Indian
cash of Rs.50,000/­ (Rupees Fifty Thousand only with
denominations of Rs.500 x 100 notes = Rs.50,000/­) and
Indian Cash of Rs.1.5 Lakhs (Rupees one lakh and Fifty
CCH­33
Crl.Misc.282/2023
7
Thousand only with denominations of Rs.500 x 300 notes =
Rs.1,50,000/­) vide Panchanama dated 04.01.2023.
10.

The petitioner herein is accused No.1 in this
case.The petitioner herein is arrested on 6.1.2023 on the
allegation of booking the parcel of drug and drug smuggling
under the different provisions of NDPS Act.
11.

There was seizure of different quantum from the
conscious possession of present petitioner and other accused.
The seizure was made before independent witnesses.

The
petitioner was arrested based on seized materials. Voluntary
statement of accused recorded U/s.67 of NDPS Act. Multiple
drugs were seized from petitioner and other accused persons
from their conscious possession.

The offences alleged against
the petitioner and other accused are cognizable and non­
bailable. The rigors of Sec.37 applied to the case. With these
specific pleas sought to reject the bail plea of the petitioner.
12. Heard arguments of both sides.
13.

The points that arise for my consideration are as
here under:
1. Whether petitioner has made out
sufficient grounds to enlarge him on
bail?
2. What order?

8
15. 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
16. POINT NO.1:­ The IO., NCB., has put the criminal
law into motion.

The gist of the allegation reads as here
under:­
17.

On
28.12.2022
and
in
follow
up
action
on
04.01.2023 & 05.01.2023 in the said case NCB Bangalore
Zonal Unit team siezed total multiple drugs of 280 grams of
Ganja, 103 grams of Hashish, 57 grams of Cocaine, 141 grams
of Amphetamine in Brown & White Color, 99 Nos. of MDMA
Pills weighing 46 grams of MDMA, 422
weighing 07 grams
Nos. of LSD Blots
and cash Rs.50,000/­ and Cash
Rs.1,50,000/­ in Bangalore, Belagavi, Karnataka and Goa. In
this
regard
a
case
was
registered
vide
NCB
Cr.No.48/01/32/2022/BZU. Four persons namely Pranav
Sadanand Belagaonkar @ Pape (A), Naved Ahmed Abdul Rauf
Siddiqui (A2), Jatin Narendra Parmar @ Bob (A3) and K R A
Michel (A4) were summoned u/s 67 of NDPS Act and their
voluntary statements were recorded. On the basis of the
voluntary statement of A1, A2, A3 and A4 the material objects
seized the above 3 accused persons were arrested on
9
CCH­33
Crl.Misc.282/2023
06.01.2023 for committing offences u/s 8(c) r/w 20b(ii) (A),
22(b), 23(a)(b), 27, 27A, 28, and 29 of the NDPS Act. Further
one more person named K R A Michel was summoned u/s 67
of NDPS Act and his voluntary statements was recorded. ON
the basis of the voluntary statement of A4, the material objects
seized and corroborative evidences, the accused No.04 was
arrested on 09.01.2023 for committing offences u/s 8(c) r/w
20b(ii)(a), 21(c), 22(c), 27, 27A, 28 and 29 of the NDPS Act.
18.

On 28.12.2022, on the basis of secret information
from reliable source,NCB, Bangalore Zonal Unit seized 215
grams of green coloured substance in the form of flowering and
fruiting tops of plant with pungent smell believed to be Ganja
from the shipment bearing number UA467864772US at
Foreign Post office Bangalore on 28.12.2022. The shipment
was sent from shipper/consignor “Dawud Mills, 1132 Jamie Dr
Concord CA 94518,” and receiver/consignee Pawan Kumar,
Plot No.178/2, Rajiv Gandhi Nagar, Bauxite Road, Belgaum,
Karnataka,590001, India. An authorization for the controlled
delivery of the seized parcel was obtained from NCB Hqrs, New
Delhi. In this regard a case was registered vide NCB Cr. No.
48/1/32/2022/BZU.
19. On 31.12.2022, controlled delivery of dummy
parcel of shipment bearing numbers UA467864772US was
attempted with the assistance of Head Post office, Belagavi and
Nehru Nagar post office, Belagavi. But the receiver address
10
Pawan Kumar, Plot No.178/2, Rajiv Gandhi Nagar, Bauxite
Road, Belgaum, Karnataka, 590001 was not traced out by the
post man of Nehru Nagar Post office, Belagavi, Karnataka.
20. On 02.01.2023, information received from Post Master of
Head post office, Belagavi that one person by name Humaid
Afzalbaig Tinwale along with one more person approached to
Head post office, Belagavi to collect parcel Shipment No.
UA467864772US on behalf of his friend Pawan Kumar and
claiming
the
said
dummy
parcel
of
Shipment
No.

UA467864772US and given one copy of Aadhar card no.8251
3983 3097 in the name of Pawan Kumar and his Aadhar card
as identity card proof for collecting the said parcel, but post
master denied to handover the dummy parcel of the said
parcel by saying that, the consignee person Pawan Kumar only
should come and to collect the said parcel from the Head post
office, Belagavi, Karnataka. The said person Humaid Afzalbaig
Tiwale was intercepted by NCB team at Head Post office,
Belagavi and recoded his statement U/s 67 of NDPS Act 1985
wherein he revealed that, one of his friend named Jatin
Narendra Parmar@Bob (A3) has told him to collect the parcel
at Headpost office, Belagavi, Karnataka along with Naved
Ahmed Abdul Rauf Siddiqui (A2).
21. Further, on 03.01.2023, information received from
Post Master of Head post office, Belagavi that, two persons
namely Pranav Sadanand Belagaonkar (A1) and Naved Ahmed
Abdul Rauf Siddiquia(A2) approached to Head post office,
CCH­33
Crl.Misc.282/2023
11
Belagavi
to
collect
dummy
parcel
Shipment
No.

UA467864772US and the said dummy parcel was handed over
under controlled delivery by the Post Master, Head post office,
Belagavi, Kamataka which was received by a person Pranav
Sadanand Belagaonkar@Pape(A1) by saying himself as Pawan
Kumar and by producing a copy of fake Aadhar card and fake
Pan Card at Head Post office, Belagavi, Kartaka on 03.01.2023.
Then, Pranav Sadanand Belagaonkar@Pape(A1) and Naved
Ahmed Abdul RaufSiddiqui (A2) were intercepted by the NCB
team at Head Post office, Belagavi, karnataka and both of them
were
summoned
forth
to
appear
before
the
NCB
Officer/Intelligence officer for enquiry. On enquiry Pranav
Sadanand Belagaonkar@Pape(A1) and Naved Ahmed Abdul
Rauf Siddiqui (A2) revealed that, their friend Jatin Narendra
Parmar@Bob (A3) sent them to collect the said parcel
Shipment No. UA467864772US and he is present in the house
of Pranav Sadanand Belagaonkar@Pape(A1). Then NCB team
went to the house of Pranav Sadanand Belagaonkar@Pape(A1)
and intercepted the person Jatin Narendra Parmar@Bob (A3)
and they were all summoned to appear before the NCB
Officer/Intelligence officer for enquiry.
22. Further, on follow up in the said case, on 04.01.2023
house
search
of
house
of
Pranav
Sadanand
Belagaonkar@Pape(A1) at Plot No.178/2, 2 nd floor, Rajiv
Gandhi Nagar, Bauxite Road, Belgaum, Karnataka, 590001,
has been conducted by NCB team before the independent
12
witnesses and A1, A2 & A3 and recovered and seized 65 grams
Ganja, 78 grams of Hashish, 12 grams of Cocaine and Indian
cash of Rs.50,000/­ (Rupees Fifty Thousand only with
denominations of Rs.500 x 100 notes = Rs.50,000/­) and
Indian Cash of Rs.1.5 Lakhs (Rupees one lakh and Fifty
Thousand only with denominations of Rs.500 x 300 notes =
Rs.1,50,000/­) vide Panchnamma dated 04.01.2023. The
petitioner herein is accused No.1 in this case.
23.

The petitioner herein is accused No.1 in this
case.The petitioner herein is arrested on 6.1.2023 on the
allegation of booking the parcel of drug and drug smuggling
under the different provisions of NDPS Act.
24.

There was seizure of different quantum from the
conscious possession of present petitioner and other accused.
The seizure was made before independent witnesses.

The
petitioner was arrested based on seized materials. Voluntary
statement of accused recorded U/s.67 of NDPS Act. Multiple
drugs were seized from petitioner and other accused persons
from their conscious possession.

The offences alleged against
the petitioner and other accused are cognizable and non­
bailable. The rigors of Sec.37 applied to the case. With these
specific pleas sought to reject the bail plea of the petitioner.
25. Heard arguments of both sides.

13
26.

CCH­33
Crl.Misc.282/2023
The points that arise for my consideration are as
here under:
1. Whether petitioner has made out
sufficient grounds to enlarge him on
bail?
2. What order?

27. 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
28. POINT NO.1:­ The IO., NCB., has put the criminal
law into motion.

The gist of the allegation reads as here
under:­
On 28.12.2022 and in follow up action on 04.01.2023 &
05.01.2023 in the said case NCB Bangalore Zonal Unit team
siezed total multiple drugs of 280 grams of Ganja, 103 grams
of Hashish, 57 grams of Cocaine, 141 grams of Amphetamine
in Brown & White Color, 99 Nos. of MDMA Pills weighing 46
grams of MDMA, 422 Nos. of LSD Blots weighing 07 grams
and cash Rs.50,000/­ and Cash Rs.1,50,000/­ in Bangalore,
Belagavi, Karnataka and Goa. In this regard a case was
registered vide NCB Cr.No.48/01/32/2022/BZU. Four persons
namely Pranav Sadanand Belagaonkar @ Pape (A), Naved
14
Ahmed Abdul Rauf Siddiqui (A2), Jatin Narendra Parmar @
Bob (A3) and K R A Michel (A4) were summoned u/s 67 of
NDPS Act and their voluntary statements were recorded. On
the basis of the voluntary statement of A1, A2, A3 and A4 the
material objects seized the above 3 accused persons were
arrested on 06.01.2023 for committing offences u/s 8(c) r/w
20b(ii) (A), 22(b), 23(a)(b), 27, 27A, 28, and 29 of the NDPS Act.
Further one more person named K R A Michel was summoned
u/s 67
of NDPS Act and his voluntary statements was
recorded. ON the basis of the voluntary statement of A4, the
material objects seized and corroborative evidences, the
accused No.04 was arrested on 09.01.2023 for committing
offences u/s 8(c) r/w 20b(ii)(a), 21(c), 22(c), 27, 27A, 28 and 29
of the NDPS Act.
On 28.12.2022, on the basis of secret information from
reliable source,NCB, Bangalore Zonal Unit seized 215 grams of
green coloured substance in the form of flowering and fruiting
tops of plant with pungent smell believed to be Ganja from the
shipment bearing number UA467864772US at Foreign Post
office Bangalore on 28.12.2022. The shipment was sent from
shipper/consignor “Dawud Mills, 1132 Jamie Dr Concord CA
94518,” and receiver/consignee Pawan Kumar, Plot No.178/2,
Rajiv
Gandhi
Nagar,
Bauxite
Road,
Belgaum,
Karnataka,590001, India. An authorization for the controlled
delivery of the seized parcel was obtained from NCB Hqrs, New
CCH­33
Crl.Misc.282/2023
15
Delhi. In this regard a case was registered vide NCB Cr. No.
48/1/32/2022/BZU.
On 31.12.2022, controlled delivery of dummy parcel of
shipment bearing numbers UA467864772US was attempted
with the assistance of Head Post office, Belagavi and Nehru
Nagar post office, Belagavi. But the receiver address Pawan
Kumar, Plot No.178/2, Rajiv Gandhi Nagar, Bauxite Road,
Belgaum, Karnataka, 590001 was not traced out by the post
man of Nehru Nagar Post office, Belagavi, Karnataka.
On 02.01.2023, information received from Post Master of
Head post office, Belagavi that one person by name Humaid
Afzalbaig Tinwale along with one more person approached to
Head post office, Belagavi to collect parcel Shipment No.
UA467864772US on behalf of his friend Pawan Kumar and
claiming
the
said
dummy
parcel
of
Shipment
No.

UA467864772US and given one copy of Aadhar card no.8251
3983 3097 in the name of Pawan Kumar and his Aadhar card
as identity card proof for collecting the said parcel, but post
master denied to handover the dummy parcel of the said
parcel by saying that, the consignee person Pawan Kumar only
should come and to collect the said parcel from the Head post
office, Belagavi, Karnataka. The said person Humaid Afzalbaig
Tiwale was intercepted by NCB team at Head Post office,
Belagavi and recoded his statement U/s 67 of NDPS Act 1985
wherein he revealed that, one of his friend named Jatin
Narendra Parmar@Bob (A3) has told him to collect the parcel
16
at Headpost office, Belagavi, Karnataka along with Naved
Ahmed Abdul Rauf Siddiqui (A2).
Further, on 03.01.2023, information received from Post
Master of Head post office, Belagavi that, two persons namely
Pranav Sadanand Belagaonkar (A1) and Naved Ahmed Abdul
Rauf Siddiquia(A2) approached to Head post office, Belagavi to
collect dummy parcel Shipment No. UA467864772US and the
said dummy parcel was handed over under controlled delivery
by the Post Master, Head post office, Belagavi, Kamataka
which
was
received
by
a
person
Pranav
Sadanand
Belagaonkar@Pape(A1) by saying himself as Pawan Kumar and
by producing a copy of fake Aadhar card and fake Pan Card at
Head Post office, Belagavi, Kartaka on 03.01.2023. Then,
Pranav Sadanand Belagaonkar@Pape(A1) and Naved Ahmed
Abdul RaufSiddiqui (A2) were intercepted by the NCB team at
Head Post office, Belagavi, karnataka and both of them were
summoned forth to appear before the NCB Officer/Intelligence
officer
for
enquiry.

On
enquiry
Pranav
Sadanand
Belagaonkar@Pape(A1) and Naved Ahmed Abdul Rauf Siddiqui
(A2) revealed that, their friend Jatin Narendra Parmar@Bob
(A3) sent them to collect the said parcel Shipment No.
UA467864772US and he is present in the house of Pranav
Sadanand Belagaonkar@Pape(A1). Then NCB team went to the
house
of
Pranav
Sadanand
Belagaonkar@Pape(A1)
and
intercepted the person Jatin Narendra Parmar@Bob (A3) and
CCH­33
Crl.Misc.282/2023
17
they
were
all
summoned
to
appear
before
the
NCB
Officer/Intelligence officer for enquiry.
. Further, on follow up in the said case, on 04.01.2023
house
search
of
house
of
Pranav
Sadanand
Belagaonkar@Pape(A1) at Plot No.178/2, 2 nd floor, Rajiv
Gandhi Nagar, Bauxite Road, Belgaum, Karnataka, 590001,
has been conducted by NCB team before the independent
witnesses and A1, A2 & A3 and recovered and seized 65 grams
Ganja, 78 grams of Hashish, 12 grams of Cocaine and Indian
cash of Rs.50,000/­ (Rupees Fifty Thousand only with
denominations of Rs.500 x 100 notes = Rs.50,000/­) and
Indian Cash of Rs.1.5 Lakhs (Rupees one lakh and Fifty
Thousand only with denominations of Rs.500 x 300 notes =
Rs.1,50,000/­) vide Panchanamma dated 04.01.2023. The
petitioner herein is accused No.3 in this case.

29.

The petitioner herein was arrested on 6.1.2023. He
has stated that he is the friend of accused No.1, he is working
in Event Management Company, he has gone along with
accused No.1 to enquire about the shipment which has
received in the Foreign Post Office containing contraband
ganja. He had conversed with accused No.1 in regard to the
shipment. At his instance, no contraband is recovered.
30. During house search of accused no.1 the contraband
recovered is 65 gms of ganja, 17 gms of Hashish 12 gms of
18
cocaine and cash of Rs.2 lakhs. The statement of petitioner is
already recorded. In his statement he has revealed that one
person by name Apple who is of African nationality he has
procured the drugs. When the house of the African which is
located at Goa is searched cocaine, amphetamine, hashish,
MDMA, LSD stripes, huge quantum of multiple contraband
seized. But the seizure effected from the accused No.1 is 65
grams of ganja, 78 gms of hashish, 12 gms of cocaine. Further
the parcel which was booked by the petitioner is containing
215 gms of ganja.

As per specification of small and
commercial
of
quantity
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 drug­ganja,1000 grams is small quantity 20 kgs is
commercial quantity. As per Sl.No.23 another hashish 100
gms small quantity 1 kg commercial quantity, As per Sl.No.27
cocaine 2 gms is small quantity, 100 grams is commercial
quantity,
In this case the quantum of ganja 65 gms, hashish
78 gms, cocaine 12 gms seized is is an intermediate quantity.
At the instance of present petitioner, there is no recovery. He
is having acquaintance with accused No.1. At this stage, no
material placed on record by the Investigating Agency to show
that present petitioner is involving in drug peddling with
accused No.4.

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:
CCH­33
Crl.Misc.282/2023
19
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 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.

31. Here in this case the drugs seized by the investigating
agency from the conscious possession of accused No.1 is to the
tune of ganja 65 gms, hashish 78 gms, cocaine 12 gms are
intermediate quantities.

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. There is no recovery from the
present petitioner. He is in judicial custody since 6.01.2023.
The major portion of investigation in the case is completed.
Further custodial interrogation
is not warranted.

The
petitioner has made out that the quantum of contraband
seized from his custody is an intermediate quantity and rigors
20
of Sec.37 is not applicable.

He has made out satisfactory
grounds to entertain bail plea at this stage.

The petitioner
herein is not having previous criminal antecedents. He is not
an habitual offender. The offence alleged against the petitioner
is not punishable with death or imprisonment for life. 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.
32. 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
one
surety
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.

21
CCH­33
Crl.Misc.282/2023
4. He shall furnish his photo ID proof and
photo ID proof of his sureties.
5. He shall appear before the court on all dates of
hearing.
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 18th DAY OF JANUARY 2023]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.