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 JANUARY 2023
Crl.Misc.No.12846/2022
Petitioner :
(accused)
Syed Nayaz @ Syed, S/o.Syed Nazeer,
37 years, No.30, 4th Floor, Kaveri
Apartments, Nethaji Road,
Pulikeshinagar, Bengaluru 560 005.
Old Address:
No.293, Thimmaiah road,
Shivajinagar, Bengaluru 560 051.
(By Sri. FP., Adv.)
V/S.

Respondent :
State by Yeshwanthpur PS
(By Public Prosecutor)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by the
petitioner to enlarge him on bail, in Cr.No.436/2022 of
2
Yeshwanthpur PS., registered for the offence punishable
U/Sec.20(b), 22(b) of NDPS Act.

2. The prevalent grounds urged seeking bail:­
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. The procedure contemplated under N.D.P.S.
Act not followed while recovery. The contraband seized is not
commercial quantity. 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 560 grams of ganja, 1.98
grams of MDMA and 2.15 grams of ecstasy powder which are
Intermediate quantity. There are sufficient material available
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CCH­33
Crl.Misc.No.12824/2022
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 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.
Incriminatory articles were seized from his custody. The
supplier of drug is absconding. He has to be traced. He may
involve himself in similar offences.

Investigating agency by
complying the provisions prevailed under the act has seized
the contraband from the petitioner. 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
bail?
2. What order?

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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 Yeshwanthpur PS., Bangalore
has presented the complaint before the SHO. The gist of the
allegation reads as here under:­
On
28.12.2022
at
about
11.10
am.,
when
the
complainant police officer is discharging his duty in the police
station he has received credible information that a person has
come in a car to sell drugs to the customers near Kendriya
Vidyalaya beside bus stand. On receipt of the information he
along with staff and panchas has been to the spot and found a
person standing near i10 car holding a cover in his hand. He
sent a decoy to confirm about the information. After the signal
of the decoy they have surrounded the suspect. On enquiry he
has revealed his name as Syed Nayaz and he is the resident of
Shivajinagar, Bangalore.
possession of contraband.

He has also revealed that he is in
He is carrying different kinds of
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Crl.Misc.No.12824/2022
contraband. When the contraband was weighed there is 560
grams of ganja, 1.98 grams of MDMA and 2.15 grams of
ecstasy powder.

The same were seized under a mahazar.

Thereafter, a detail report is prepared by him and submitted to
the SHO. Basing on the said report, a case in Cr.436/2022 is
registered against the petitioner for the offense punishable
U/s.20(b), 22(b) of NDPS Act.

8. It is argued by the learned counsel for petitioner that
he is planted in the case by the complainant police he is
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. He is permanent residents of
the address given in the cause title. In the event of grant of
bail he is ready to abide by the conditions which are being
imposed by this court.

9. It is argued by the prosecution that the petitioner has
committed heinous offence. 560 grams of ganja, 1.98 grams of
MDMA and 2.15 grams of ecstasy powder is seized from the
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petitioner and other accused. The offences are punishable with
imprisonment upto 10 years and with fine. There are prima­
facie material available against him.
10.

On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on
28.12.2022 complainant has conducted raid and apprehended
accused. On looking to the seizure panchanama the drugs
seized from accused is weighing 560 grams of ganja, 1.98
grams of MDMA and 2.15 grams of ecstasy powder.

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.
case the quantum of ganja seized is 560 grams
In this
is small
quantity. Further as per Sl.No.134 the narcotic drug­ MDMA
10 grams is commercial quantity. In this case the quantum of
MDMA and ecstasy powder seized is 1.98 grams and 2.15
grams which is intermediate quantity. As per the decision of
CCH­33
Crl.Misc.No.12824/2022
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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.
11. Here in this case the drugs seized by the investigating
agency to the tune of
560 grams of ganja, 1.98 grams of
MDMA and 2.15 grams of ecstasy powder 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.

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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 petitioner is not
punishable with death or imprisonment for life.
custodial
interrogation
is
not
warranted.

His
Further
Voluntary
statement is already recorded. 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, 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 petitioner U/Sec.439 of
Cr.P.C is hereby allowed.
The petitioner is enlarged on bail on executing
personal bond for a sum of Rs.1,00,000/­ with Two
sureties for the like sum with following conditions.
1.

The petitioner shall give attendance before
the concerned I.O., once in a month i.e.,
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CCH­33
Crl.Misc.No.12824/2022
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.

He shall not leave the jurisdiction of this
court without prior permission.

3.

He shall not tamper the witness or abscond.

4.

He
shall
co­operate
investigation.

5.

He shall not commit similar offence or
any offence while on bail.

6.

He shall furnish his photo ID proof and
photo ID proof of his sureties.

7.

He shall appear before the court on all
hearing dates.

8.

Breach of any of the conditions by the
petitioner would entail cancellation of bail.

with
I.O
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 3rd day of January 2023)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.