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 24 th DAY OF JUNE 2022
Crl. Misc.No.5928/2022
Petitioner :
(accused No.1)
Sameer U P, S/o.Moin, 28 years,
R/a.H No.125, 4th Floor,
Ramashekhar Reddy House, Yellappa
Reddy lane, 4th Cross,
Annasandrapalya, Bangalore.
(By Sri. AKMH., Adv.)
V/S.
Respondent :
State by HAL PS
(By Public Prosecutor)
OR D E R
This is the second bail petition U/Sec.439 of Cr.P.C.,
filed by the petitioner to enlarge him on bail on health
ground
in
Crime
No.31/2022
of
HAL
Police
Station
registered for the offences punishable U/Section 8(c) 22(c),
27A, of N.D.P.S. Act,
2. The prevalent grounds urged seeking bail:-
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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. It is urged further that he is suffering
from cancer and under going treatment in jail hospital and
has been referred to Jayadeva hospital and admitted in ICU
for heart ailment. He has a tumorous growth in his throat
and is currently undergoing treatment in KIDWAI hospital
for cancer. He needs expert and specialized treatment which
if not provided would take away his life. The petitioner is
permanent resident of the address shown in the cause title.
The petitioner is ready and willing to abide by any
conditions imposed by this court in the event of grant of
bail. He is ready to offer surety for his due appearance
before this court. Hence, sought to grant bail.
3. The prosecution while opposing the bail petition
contended that the I.O has seized 52 grams of MDMA from
the possession of the accused persons. The offence alleged
against
the
petitioner
is
punishable
with
rigorous
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CCH-33
Crl.Misc.5928/2022
imprisonment for a term which shall not be less than 10
years which may extent to 20 years and shall also be liable
to fine. There is a primafacie case available against the
petitioner. He is habitual drug peddler. If he is released on
bail, he may continue the profession of narcotic drug selling,
and may abscond and tamper evidence of the prosecution.
Hence, sought to reject the bail plea of petitioner.
4. Heard learned counsel for the petitioner and the
prosecution.
5. The points that arise for my consideration are as
here under:
1. Whether petitioner has made out
sufficient grounds to enlarge him on
bail on medical grounds?
2. What order?
6. My findings on the above points are as under:
Point No.1: Partly in the Affirmative
Point No.2: As per the final order for the following:
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REASONS
7. POINT NO.1:-
The PI., CCB (W & N) presented a
report before HAL police which is the basis to register the
case against the present petitioners in Cr.No.31/2022 for
the offences punishable U/s.8(c), 22(c), 27A of NDPS Act.
As per the details of the report, when the PI., CCB was in
his office has received a credible information on 15.2.2022
that
at
door
Annasandrapalya
contraband
No.125,
4th
floor,
Bengaluru
2
Keralaites
crystal
students illegally.
to
the
known
Deepthinilaya,
were
selling
customers,
college
He along with staff and panchas has
been to the house where the Keralaites were doing drug
peddling. On conducting raid the petitioners were found in
the house. On enquiry they have revealed their names and
addresses.
They along with absconding accused Renya @
Sinjo are selling drugs to the college students. They were
selling MDMA 1 gram for Rs.50006000/ per gram. He has
informed the ACP of CCB., requested him to be present at
the time of search.
During personal search and house
search 52 grams of MDMA, 2 mobile phones, electronic
weighing machine were seized. A detail mahazar was drawn
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Crl.Misc.5928/2022
in the spot. Thereafter, the petitioner and another accused
were arrested and were brought to HAL PS along with seized
contraband.
A detail report is submitted before the SHO.
Accused were produced before the court and were remanded
to judicial custody.
8. It is vehemently argued by the learned counsel for
the petitioner that petitioner is falsely implicated in the
above case.
Petitioner is suffering from life threatening
ailment like tumorous growth in his throat and undergoing
treatment at KIDWAI hospital. He requires immediate
specialised medical treatment for his ailment.
Hence,
sought for bail.
9. The prosecution contends that 52 grams of MDMA
seized from the present accused persons is commercial
quantity.
The petitioner is habitual drug peddler.
In the
event of his release he may abscond and may repeat the
crime and there is every possibility of absconding of the
petitioner. The offences alleged are punishable U/s.,8(c)
22(c), 27A, of N.D.P.S. Act, are punishable with RI upto 20
years. The petitioner is not entitled for bail.
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10. On careful analysis of rival contentions and the
prosecution papers available on record, the investigating
agency seized 52 grams of MDMA under the seizure
panchanama. 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 at Sl.No.134 the narcotic
drug – MDMA weighing 10 grams is a commercial quantity.
In the present case 52 grams of MDMA narcotic substance
is seized which is a commercial quantity.
11.
The learned counsel for the petitioner has
produced
the
medical
treatments
documents
of
the
petitioner in regard to the serious ill-health. As per the said
documents he is suffering from cancer. The CT scan report
of
the
petitioner
reads
that
he
is
having
a
large
heterogeneous mass lesion measuring 180 x 80 mm in the
throat.
As per the biopsy report he is having malignant
lymphoma in the throat. He is advised treatment for cancer.
He has been teated at Kidwai hospital. It is submitted by
the learned counsel for the petitioner that he is not in a
CCH-33
Crl.Misc.5928/2022
7
position to consume food.
It is also reported that he is
having difficulty in breathing during walking and at night.
As per the medical report, the petitioner is diagnoised with
cancer in throat.
He has to under go continous medical
treatment for his ailment.
Therefore, on looking to the
health condition of the petitioner if by imposing conditions
he is enlarged on interim bail it would not in any way
prejudice the investigation.
The allegation against the
petitioner is serious in nautre. 52 grms of MDMA is sexied
from the custodey of the petitioner and other accused. The
invetigation is still under progress and charge sheet is not
yet filed.
At this stage, the bail plea of the petitioner on
merits could not be entertained. However, on looking to the
severe ailment of the petitioner, particularly the cancer for
which he requires specialised treatment.
Therefore, I feel
that he has to be enlarged on interim bail for a period of 6
months to undergo medical treatment for his ailment.
In
the result, I proceed to answer the point for consideration in
the affirmative.
12. Point No.2:following:
In the result, I proceed to pass
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ORDER
The petition filed by the petitioner U/Sec.439
of Cr.P.C is allowed in part.
The petitioner is released on interim bail for
a period of 6 months from the date of his release
with the following conditions:1. Petitioner shall execute personal bond
for a sum of Rs.1 lakh with two
sureties for the likesum.
2.
He shall surrender before this court
before expiry of 6 months from the
date of his release.
3.
He shall not tamper the witness or
abscond.
4. He shall not commit similar offence or
any offence while on bail.
5.
He shall produce the medical report
for undergoing treatment once in a
month reporting the progress of his
health to the court.
[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 24th day of June 2022]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*