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 3rd DAY OF DECEMBER 2022
Crl.Misc.No.11371/2022
Petitioners :
(accused No.1)
1.
Ranu Debnath
S/o Suresh Debanath
Aged about 22 years,
R/at Near Kodathi gate,
Kodathi Village,
Sarjapura Main Road, Bengaluru.
Permanent Address:
Nandinar Village,
Dinahatta Thane, Kocha Bahaar,
West Bengal.
(accused No.2)
2.
Amith Heera
S/o Late Kanaiah Heera
Aged about 32 years,
R/at Near Billapura Bus Stand,
Billapura village,
Sarjapura Hobli, Anekal Taluk,
Bengaluru Rural.
Permanent Address:
Siddapur Village,
Ranaghat Police Thane,
Nandiya District,
West Bengal.
2
(accused No.3)
3.
Token Shaikh
S/o Ajalak Shaik,
Aged about 27 years,
R/at Near Kodathi Gate,
Kodathi Village,
Sarjapura Main Road,
Bengaluru.
Permanent Address:
Sabdar Nagar, Alampur Thane,
Murshidabad District,
West Bengal.
(By Sri N.P., Adv.)
V/S.
Respondent :
State by Varthur PS
(By Public Prosecutor)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by the
petitioners to enlarge them on bail, in Cr.No.240/2022 of
Varthur PS., registered for the offence punishable U/Sec. 20(b)
of NDPS Act.
2. The grounds urged by the petitioners for grant of bail
are as under:
That the petitioners are very innocent and law abiding
citizen. They have not committed any offence much less the
3
offence as alleged. They have no knowledge of alleged crime
and falsely implanted at the instance of extraneous elements.
They are the only earning member of their respective families .
The mandatory provisions U/s.50 of NDPS Act has not been
complied.
There are no eye witnesses who speak about the
sale of alleged contraband. Though the alleged offence is non
bailable, but is neither punishable with imprisonment for life
or death sentence.
The petitioners are ready and willing to
abide by any conditions imposed by this court in the event of
grant of bail.
They are ready to offer surety for their due
appearance before this court. They have no bad antecedents.
They are the sole bread earners of their family. Hence, sought
to grant bail.
3. The objection raised by the prosecution is that the
investigating agency has in all seized 6 Kgs of ganja from the
possession of the accused.
The accused are found to be in
possession of narcotic substance.
A detailed mahazar is
drawn in the spot. Personal search is conducted. The offence
alleged against the petitioners are punishable with rigorous
4
imprisonment for a term which shall extend upto 10 years.
There is a primafacie case available against the petitioners.
They are habitual drug dealers.
In the event of grant of bail,
they would abscond and may hamper the investigation. Hence,
sought to reject the bail plea of petitioners.
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 petitioners have made out
sufficient grounds to enlarge them 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: A report submitted by PSI, ., who is the
complainant in this case before the Varthur PS. The contents
of the report is as here under:
5
On 16/11/2022 at 2.00 PM
he has received credible
information that three persons are selling contraband to the
public near Kodathi Gate.
On receipt of the information he
has informed the matter to the senior officials and obtained
permission to conduct ride. He along with staff and panchas
has been to the spot and found the suspected persons carrying
contraband. On enquiry the said persons have revealed their
names as Ranu Debanath, Amith Heera and Token Shaikh
residents of Kodathi village and Billapura Village, Sarjapura
Main Road and natives of West Bengal. They have produced
the ganja which was in their possession. The said ganja was
weighing 6 kgs. The ganja was seized under the mahazar, a
detailed mahazar is prepared, report is produced, petitioners
are arrested and produced before the court and remanded to
JC. Basing on the report, case in Cr.No.240/2022 is registered
against the accused for the offence punishable U/sec 20(b) of
NDPS Act. The present petitioners are accused Nos.1 to 3 in
the case.
6
8. It is argued by the learned counsel for petitioners that
they are planted in the case by the complainant police. They
are unaware of seized drug. The seized article is not
commercial quantity. The mandatory provisions of Sec.41, 42,
50, 52 and 47 of the Act are not complied.
They are
permanent residents of the address given in the cause title. In
the event of grant of bail they are ready to abide by the
conditions which are being imposed by this court.
9.
It is argued by the prosecution that the petitioners
have committed heinous offence 6 Kgs of ganja is seized from
the petitioners.
The offence punishable with imprisonment
upto 10 years and with fine.
There are primafacie material
available against them.
10.
On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on
16.11.2022 complainant has conducted raid and apprehended
accused.
On looking to the seizure panchanama the drugs
seized from accused is weighing 6 Kgs of ganja. As per
7
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 6 Kgs of ganja is an
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 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.
8
11. Here in this case the drugs seized by the investigating
agency to the tune of 6 Kgs 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.
12.
The major portion of investigation in the case is
concluded as the incriminatory article is already seized from
accused.
The offence alleged against the petitioners are not
punishable with death or imprisonment for life.
Further
custodial interrogation is not warranted. Their Voluntary
statements are already recorded.
As per the information
provided by the petitioners they are permanently residing in
the address shown in the cause title. The apprehension of the
prosecution that they 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.
9
13. Point No.2:
In the result, I proceed to pass
following:
ORDER
The Petition filed by the petitioners U/Sec.439 of
Cr.P.C is hereby allowed.
The
petitioners
are
enlarged
on
bail
on
executing personal bond for a sum of Rs.1,00,000/
eacj. with two sureties for the like sum with following
conditions.
1.
The petitioners 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.
They shall not leave the jurisdiction of this
court without prior permission.
3.
They shall
abscond.
4.
They shall
investigation.
5.
They shall not commit similar offence or
any offence while on bail.
6.
They shall furnish their photo ID proof and
local address proof document before the
court and photo ID proof of their sureties.
7.
They shall appear before the court on all
not
tamper
cooperate
the
with
witness
I.O
or
for
10
hearing dates.
8.
Breach of any of the conditions by the
petitioners would entail cancellation of bail.
[Dictated to the Judgment Writer, directly on the computer, typed and
computerised by him, corrected, signed and then pronounced by me in
Open Court on this the 3rd day of December 2022)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
SK/*