Crl.Misc. No.3228/2024
1
KABC010091142024
In the Court of the XXXIV Additional City Civil and Sessions Judge and
Special Judge, (NDPS), (CCH-35), Bengaluru
Dated this the 5 th day of April, 2024
Present :Sri. G.Raghavendra, B.Sc., LL.B.,
XXXIV Addl. City Civil & Sessions Judge and
Special Judge, (NDPS),
Bengaluru.
Crl.Misc. No.3228/2024
Petitioner:
PADAM SINGH,
S/o. Khem Singh,
Aged about 48 Years,
R/at No.68, Rampura Post,
Samudari Hobli, Sivan Taluk,
Barmear, Rajasthan-344021
(By Sri. Narayana Swamy, Advocate)
Vs.

Respondent:
The State by
High Grounds Police Station,
Bengaluru.
(By Public Prosecutor)
ORDER
1) This Criminal Miscellaneous Petition under Section 439 of Code of
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Criminal Procedure, 1973 (‘Cr.P.C.’ for short) is filed by Petitioner /
Accused No.1 to enlarge him on bail in Crime No.72/2024 registered by
Respondent –High Grounds Police Station, Bengaluru City, for the
offences punishable under Section 17(b) and 21(b) of Narcotic Drugs and
Psychotropic Substances Act,1985 (‘NDPS Act’ for short).
2) The Learned Public Prosecutor has filed an objection to this
criminal miscellaneous petition along with the report of the Investigation
Officer.
3) Heard the Counsel for Petitioner and learned Public Prosecutor.
4) On the basis of contents of the petition, contentions taken in the
objection filed to this application and on the submission of both the
Counsel for Petitioner and learned Public Prosecutor, the following points
arise for my consideration:
Point No.1: Whether Petitioner / Accused No.1 satisfies
that there are reasonable grounds for believing that he is not
guilty of an alleged offence and he is not likely to commit any
offence while on bail?
Point No.2: What Order?
5)
My answer to the above points are as under:
Point No.1: In the Affirmative.
Point No.2: As per the final order for the following:
REASONS
6) Point No.1: Perused the certified copy of the documents
produced by the petitioner along with this criminal miscellaneous petition.
That on 29.03.2024 when Sri. Prakash G.C, Police Sub-Inspector (PSI),
Crl.Misc. No.3228/2024
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High Grounds Police Station, Bangalore City was patrolling along with
some staff of High Grounds Police Station at 6:15 p.m, when he was
passing through Bangalore City Cantonment Railway Station he saw
some person at cantonment car parking place were running by seeing
them. Thereafter PSI and others chased one person among them, who
was holding a cover in his hand and on enquiry said person revealed that
there is opium in the cover.
7)
Thereafter, PSI contacted Sri. Sunil Putti, P.C-19351, High
Grounds Police Station to send investigation materials and also instructed
Sri. Sha Jabihulla, H.C-9719 to bring panchas. Thereafter P.C.19357
reached the place along with laptop, portable printer etc and H.C.9719
brought panchas. Thereafter, PSI before panchas enquired the person,
who was carrying opium as to his name and address and on enquiry said
person revealed his name and address and produced plastic cover which
was in his hand and further stated that he purchased opium from
unknown persons at Rajasthan and has been selling the same to youths
at different places of Bangalore. Thereafter PSI found black colour oil
type opium in plastic cover and after weighing the same found 478 grams
of opium. PSI also found 15 empty plastic covers and Rs.1,500/- cash
from the possession of accused No.1.
8) Thereafter PSI seized opium and other articles under seizure
mahazar and brought accused No.1 along with seized opium and other
articles to High Grounds Police Station at 7:20 p.m. and gave a computer
typed complaint. On the basis of complaint a first information report was
registered by Sri. M.R. Krishnamurty, PSI, High Grounds Police Station
under crime No.72/2024 against accused No.1 for the offences
punishable under sections17(b) and 21(b) of NDPS Act.

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9)
The Petitioner in his petition has stated the following
grounds to show that he is entitled for bail.
i)
The petitioner has been falsely roped by the
Respondent Police and the petitioner is innocent.
ii)
478 grams of Opium, said to be seized is
intermediate quantity.
10)
In specification of the small and commercial quantity of
Narcotic Drug or Psychotropic Substance, SO 1055 (E), dated
19.10.2021 as amended, issued by the Central Government at Serial
No.92, 25 grams of Opium is specified as small quantity and 2.5 kg of
Opium is specified as commercial quantity. The Opium recovered in this
case from accused No.1 is 478 grams, which is intermediate quantity.
11)
Section 37 of NDPS Act, mandates that no person accused
of offences punishable for offences under Section 19 or Section 24 or
Section 27 A and also for offences involving commercial quantity shall be
released on bail, unless the court satisfied that there are reasonable
grounds for believing that accused is/are not guilty of such offences and
that accused is/are not likely to commit any offences while on bail.
12)
Section 37(2) of NDPS Act, reads as under:
“37. Offences to be cognizable and non-bailable
(1) xxxx
xxx
(2) The limitations on granting of bail specified in clause (b) of subsection (1) are in addition to the limitations under the Code of Criminal
Procedure, 1973(2 of 1974) or any other law for the time being in force,
on granting of bail.”
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13) The conditions for grant of bail in offences punishable under
Section 19 or Section 24 or Section 27A and also for offences involving
commercial quantity are differ from the general rule of bail.

Two
additional preconditions are imposed upon the accused in addition to the
ones prescribed under Cr.P.C, which are to be satisfied before an
accused can be enlarged on bail.
14) As per the above Section 37(2) of NDPS Act, while deciding the
bail application for offences except the offences punishable under Section
19 or Section 24 or Section 27A and also for offences involving
commercial quantity, Section 437(1) (ii) and Section 437 (3) are
applicable.
15)
under:
Section 437(1) (i) & (ii) & Section 437(3) of Cr.P.C., reads as
“437. When bail may be taken in case of non-bailable
offence.- (1) When any person accused of, or suspected of,
the commission of any non-bailable offence is arrested or
detained without warrant by an officer in charge of a police
station or appears or is brought before a Court other than the
High Court or Court of Session, he may be released on bail,
but—
(i) such person shall not be so released if there appear
reasonable grounds for believing that he has been guilty of an
offence punishable with death or imprisonment for life;
(ii) such person shall not be so released if such offence is a
cognizable offence and he had been previously convicted of
an offence punishable with death, imprisonment for life or
imprisonment for seven years or more, or he had been
previously convicted on two or more occasions of a
cognizable offence punishable with imprisonment for three
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years or more but not less than seven years;
…………………………………………………………………………….
(3) When a person accused or suspected of the commission
of an offence punishable with imprisonment which may
extend to seven years or more or of an offence under Chapter
VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45
of 1860) or abetment of, or conspiracy or attempt to commit,
any such offence, is released on bail under Sub-Section (1)
the Court shall impose the conditions—
(a)
that such person shall attend in accordance with
the conditions of the bond executed under this Chapter,
(b)
that such person shall not commit an offence
similar to the offence of which he is accused, or suspected, of
the commission of which he is suspected, and
(c)
that such person shall not directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to any police officer
or tamper with the evidence.
and may also impose, in the interests of justice, such other
conditions as it considers necessary.”
16)
The prosecution in the objection filed to this criminal
miscellaneous petition has contended that if accused No.1 is released on
bail, he may commit the similar offences, tamper with the prosecution
witnesses and may not appear before the court. Accused No.1 is from
State of Rajasthan. I am of the opinion that the objections of prosecution
can be met by imposing conditions as stated in Section 437(3) of Cr.P.C.
17)
In view of the discussion, I made above, I am of the opinion
that, Petitioner / accused No.1 is able to satisfy that there are reasonable
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grounds for believing that he is not guilty of the alleged offence. Hence, I
answer point No.1 in the Affirmative.
18)
Point No.2:- In view of the answer, I arrived to point No.1, I
proceed to pass the following:ORDER
The Criminal Miscellaneous Petition under Section 439 of Code of
Criminal Procedure, 1973 filed by Petitioner / accused No.1 is allowed.
The Petitioner / accused No.1 is enlarged on bail on execution of
personal bond of Rs.1,00,000/- (Rupees One Lakh), along with one surety
for the like sum in Crime No.72/2024 registered by Respondent –High
Grounds Police Station, Bengaluru City, for the offences punishable under
Section 17(b) and 21(b) of NDPS Act, 1985 on the following conditions:
1) The Petitioner / Accused No.1 shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of
the case.
2) The Petitioner / Accused No.1 shall cooperate with the Investigation
Officer (I.O) for investigation.
3) The Petitioner / Accused No.1 shall regularly appear before the court.
4) The Petitioner / Accused No.1 shall produce copy of his Aadaar card
before the court.
5) The Petitioner / Accused No.1 shall not commit any offences similar to
the offences of which he is accused or any other offences.

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6) Breach of any of the conditions by the Petitioner / Accused No.1 would
entail cancellation of bail.
(Dictated partly and also directly on computer to the Stenographer, after transcribed/ typed
by her, corrected, signed and pronounced in the open court on this the
5th day of April,
2024).
RAGHAVENDRA
G
Digitally signed
by
RAGHAVENDRA
G
Date: 2024.04.05
17:17:20 +0530
(G. Raghavendra)
XXXIV Addl. City Civil & Sessions Judge
& Special Judge (NDPS), Bengaluru.