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 21st DAY OF DECEMBER 2022
Crl.Misc.No.12389/2022
Petitioners :
(accused No.7 & 8
1.Sameer @ Sameer Khan,
S/o.Kareemulla Khan, a/a 21 years,
R/o.No.293, 2nd Cross, 3rd Main,
Rahamathnagara, R.T.Nagara,
Bengaluru.
2. Jabir @ Syed Jabir, S/o.Syed Iqbal,
a/a 27 years, R/o.No.1129, 4th Main,
Subedar Palya, Gokul Extension,
Yeshwanthpura, Bengaluru.
(By Sri.Venkatesh.S. Adv.)
V/S.
Respondent :
State by Amruthahalli PS
(By Public Prosecutor)
2
ORDER
The present petition U/Sec.439 of Cr.P.C., are filed by
the petitioners to enlarge them on bail, in Cr.No.276/2022 of
Amruthahalli
PS.,
registered
for the
offence
punishable
U/Sec.22 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
citizens. They have not committed any offence much less the
offence as alleged. They have no knowledge of alleged crime
and falsely implanted at the instance of extraneous elements.
The complainant have
not seized any contraband from the
possession of the petitioners. They are the only earning
member of their family. The mandatory provisions U/s.50 of
NDPS Act have not been complied. There are no eye witnesses
who speak about the sale of alleged contraband. Though the
alleged offence are non bailable, but are neither punishable
with imprisonment for life or death sentence. The petitioners
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Crl.Misc.No.12389/2022
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 are that the
investigating agency have in all seized 2 grams of MDMA and
500 grams of Ganja from the possession of the accused. The
accused are found to be in possession of narcotic substance.
A detailed mahazar are drawn in the spot. Personal search are
conducted. The offence alleged against the petitioners is
punishable with rigorous imprisonment for a term which shall
extend upto 10 years. There are 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.
4
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: The PI of Amruthahalli PS as put the
criminal law into motion. The gist of the allegation reads as
here under:
On 22.11.2022, at 6.45 pm., when the complainant was
discharging duties in the station, he has received a credible
information that at Sindhi College Road within limits of
respondent police station some 4 to 5 persons in a two wheeler
and in an auto rickshaw are selling ganja to the public. He has
noted the information in the station house diary, informed the
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Crl.Misc.No.12389/2022
5
matter to the Assistant commissioner of Police obtained the
permission
to
conduct
raid.
He
along
with
his
team
immediately rushed to the spot and found 6 persons moving
suspiciously in the spot. They were surrounded, one person
ran away from the spot. On enquiry they have revealed their
names as Rizwan, Chetan, Harish, Harbaaz and Venkat. The
person who ran away from the spot is Sharavana. Each one of
them were carrying a bag. When their bags were checked it
was containing 100 grams of ganja. Two grams of MDMA was
found in the bag of accused No.1Rizwan along with 100 grams
of ganja. The ganja and MDMA were seized under the mahazar.
Accused Nos.1 to 5 were arrested. A report are prepared and
submitted before the SHO., which are the basis to register the
case against the accused in Cr.No.276/2022 for the offences
punishable
U/s.22(B)
of
NDPS
Act.
The
accused
were
produced before the court remanded to Judicial Custody.
Basing on the voluntary statement of accused Nos.1 to 5, the
present petitioners were arrested on 15.12.2022 by the
investigating agency.
They have revealed in their statement
that they were purchasing ganja and MDMA from foreigners
6
and are selling it to the software employees and college
students to gain illegal money. The present petitioners are
accused No.7 & 8 in the case.
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 articles are 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.
On careful analysis of rival contentions and the
prosecution papers available on record, it are evident that on
22.11.2022 complainant has conducted raid and apprehended
accused Nos.1 to 5.
On looking to the seizure panchanama
the drugs seized from the accused Nos.1 to 5 is weighing 500
grams of ganja and 2 grams of MDMA. From the accused
Nos.2, 3 and 4 individually ganja weighing 100 grams each
was seized.
As per specification of small and commercial
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Crl.Misc.No.12389/2022
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 drug
ganja 1000 grams are small quantity and 20 Kgs., are
commercial quantity. In this case the quantum of ganja seized
is 2 grams of MDMA and 500 grams of ganja. The present
petitioners are arrested basing on the voluntary statement of
accused no.1 to 5. at their instance there is no recovery of any
contraband.
When the quantity seized in the case at the isntance of
accused nos.1 to 5 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 are already seized from
accused Nos.1 to 5. The offence alleged against the petitioners
is not punishable with death or imprisonment for life. Further
custodial interrogation are not warranted. their Voluntary
8
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.
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 are hereby allowed.
The
petitioners
are
enlarged
on
bail
on
executing personal bond for a sum of Rs.1,00,000/
each with one surety 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 are
earlier.
2.
They shall not leave the jurisdiction of this
court without prior permission.
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Crl.Misc.No.12389/2022
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3.
They shall
abscond.
not
tamper
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.
He shall appear before the court on all
hearing dates.
8.
Breach of any of the conditions by the
petitioners would entail cancellation of bail.
cooperate
the
with
witness
I.O
or
for
[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 21st day of December 2022)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*