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 28th DAY OF MARCH 2024.
Crl.Misc.No.2472/2024
Petitioner :
(accused No.3)
Muniyandi, S/o.Muniyamma,
Aged about 27 years,
R/at No.20, 10th Cross, 2nd Main,
Mysore Road, Valmiki Nagar,
Government Electricity Factory,
Bangalore.
(By Sri Srinivas S.V., Adv.)
V/S.
Respondent :
State by Chamarajpet P S
(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.30/2024 of Chamarajpet P S, registered for
the offence punishable U/Sec.20(b) of NDPS Act.
2.
The prevalent grounds urged seeking bail:
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Crl.Misc.No.2472/2024
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. Only on the say of accused
No.1 and 2 this petitioner is arrayed as accused No.3 in the
case.
The incriminatory article is already seized from the
accused No.1. He has been falsely implanted in the case.
Major portion of the investigation is completed. He has been
shown as involved in the crime in the investigation papers
but there is no material against the present petitioner. He
has no nexus with the other accused of the case. Hence,
sought to grant bail.
3.
The prosecution while opposing the bail petition
contended that the I.O has seized 720 grams of ganja from
A1. The petitioner is having criminal antecedents. He has
nexus with A1 and A2. A1 and A2 are prosecuted in several
NDPS cases and IPC cases.
There are sufficient material
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
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Crl.Misc.No.2472/2024
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. He may involve himself in similar
offences. Investigating agency by complying the provisions
prevailed under the act has seized the contraband from the
A1. 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 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:
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Crl.Misc.No.2472/2024
REASONS
7. POINT NO.1: The PSI, of Chamarajpet PS.,
Bangalore has presented the complaint before the SHO. The
gist of the allegation reads as here under:
On 17.02.2024 at 205 p.m., when the PSI was in the
Police Station he has received credible information that at
Ashwathakatte
Road,
Valmiki
Nagar,
BandeGudisalu
vacant space three persons are selling contraband Ganja to
the public. On confirming about the information he came
back to Police Station and registered a case in Crime
No.30/2024 for the offence punishable under Section 20(b)
of NDPS Act against unknown persons. Thereafter, he had
informed
the
matter
to
the
higher
officer
obtained
permission permission to conduct raid, proceeded to the
spot along with investigation tools DD kit, panchas around
300 p.m. three persons were found in the spot, out of them
two persons ranaway from the spot. One person was
apprehended on enquiry he has revealed his name as Syed
Chand Pasha @ Chand @ Chanduba S/o. Syed Akmal
Pasha, resident of Valmki Nagar, Chamarajpet.
During
search he was found in possession of 720 Grams of Ganja.
CCH33
Crl.Misc.No.2472/2024
5
The said Ganja is seized under a detailed mahazar. He was
brought to Police Station. His voluntary statement came to
be recorded. He was arrested and produced before the court
and remanded to J.C.
On the same day accused No.2
Mohammed Salman @ Pattan was arrested from his home.
His statement came to be recorded. He was produced before
the court and remanded to J.C.
8.
The present petitioner is shown as accused No.3
in the remand application.
As per the recitals of remand
application there is an allegation against present petitioner
that he is doing drug trafficking along with A1 and A2. He
is also prosecuted in other NDPS cases. As per the recitals
of report submitted by investigation agency accused No.1 to
3 are doing trade of Ganja.
9.
The petitioner contends that he has been falsely
implanted in the case. The quantum of Ganja seized from
accused No.1 is intermediate quantity. It is contended by
the learned counsel for the petitioner that basing on the
statement of other accused,
the investigating agency is
trying to apprehend the present petitioner. The present
petitioner is in no way way connected to the crime.
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Crl.Misc.No.2472/2024
Custodial interrogation is not warranted. He is entitled for
bail.
10.
The prosecution contends that petitioner herein
is a habitual offender. The offence alleged against the
petitioner is publishable with imprisonment upto 10 years
and fine. There are sufficient materials available against the
petitioner attracting the above offences.
In the event of
grant of bail he would abscond and hamper the trial.
11. On collective scrutiny of the rival contentions, the
Investigating agency has seized 720 grams of ganja from
accused No.1 under the seizure panchanama. The petitioner
apprehends arrest in the hands of investigating agency. 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 drugganja 1000
grams is small quantity and 20 Kgs., is commercial
quantity. In this case the quantum of ganja seized is 720
grams of ganja grams of ganja is an intermediate quantity.
CCH33
Crl.Misc.No.2472/2024
7
12.
Major portion of investigation is concluded.
Incriminatory article is already seized from accused No.1.
The offence alleged against the petitioner is not punishable
with death or imprisonment for life. Custodial interrogation
is not warranted. 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,
in
I
answer
the
point
for
consideration
the
Affirmative.
13.
Point No.2:
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.30/2024 of Chamarajpet Police Station for
the offence punishable U/Sec.20(b) of N.D.P.S.,
Act. on executing personal bond for a sum of
Rs.1,00,000/ with one surety for the like sum
with following conditions:
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Crl.Misc.No.2472/2024
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 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.
3)
He shall not threaten or try to tamper with
the prosecution witnesses in any
manner.
4)
He shall not commit similar offence or
any offence while on bail.
5)
He shall furnish his photo ID proof and
photo identity proof of their surety.
6)
Breach of any of the conditions by the
petitioner would entail cancellation of
bail.
[Dictated to the stenographer GrII, directly on the computer, typed
and computerised by him, 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*