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 7 th DAY OF NOVEMBER 2022 Crl.Misc.No.10581/2022 Petitioner : Mohammed Siddiq, S/o.Eliyaz Pasha, (accused No.5) a/a 34 years, R/at No.186, A.S.Palya Main Road, Islampura, Bengaluru­ 560017. (By Sri JVS Adv.) V/S. Respondent : State by HAL PS (By Public Prosecutor) O R D E R The present petition U/Sec.438 of Cr.P.C., is filed by the petitioner to enlarge him on bail, in the event of his arrest in Cr.No.227/2022 of HAL PS., registered for the offence punishable U/Sec.20(B) and 27(B) of NDPS Act.

2. The grounds urged by the petitioner for grant of bail

are as under: That the petitioner is innocent and law abiding citizen. He has not committed any offence much less the offence as alleged. He has no knowledge of alleged crime and falsely implanted at the instance of extraneous elements. He is having deep roots in the society. The other accused in the case i.e., accused Nos.1 to 3 were arrested and they were remanded to judicial custody. They were granted bail. The incriminatory article is already seized from the accused Nos.1 to 3. He has been falsely implanted in the case. In the first information report the name of petitioner does not finds place. He has no nexus with the other accused of the case. Hence, sought to grant bail.

3. The objection raised by the prosecution is that the

investigating agency has in all seized 1 Kg 10 grams of ganja from the possession of the accused Nos.1 to 3. A detailed mahazar is drawn in the spot. Personal search is conducted. The offence alleged against the petitioner is punishable with rigorous imprisonment for a term which shall extend upto 10 years. There is a primafacie case available against the petitioner. He is an habitual drug CCH­33 Crl.Misc.No.10581/2022 3 dealer. In the event of grant of bail, he would abscond and may hamper the investigation. Hence, sought to reject the bail plea of 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 anticipatory 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 of HAL PS.,

who is the complainant in this case. The contents of the report is as here under:­ That on 21.08.2022 at about 3.00 pm., when the complainant was on patrolling duty he has received a credible information that in Ismalpura play ground, Islampur, Bangalore in a public place, within the jurisdiction of the HAL PS., some persons are selling contraband in a motor cycle to the public. On receipt of the information he has informed to his higher officer, obtained permission and thereafter, he along with his staff and panchas went to the spot and apprehended the accused On enquiry they revealed their names and addresses. Further they have revealed that they are in possession of ganja. On personal search he has seized 1 Kg., 10 grams of ganja. A detail seizure panchanama was drawn. Thereafter, he has prepared a detail report which is the basis to register the case against the accused No.1 to 3 in Cr.No.227/2022 for the offences punishable U/Sec.20(b) & 27(B) of N.D.P.S. Act. Thereafter, the accused were taken for medical checkup and it was confirmed that they have consumed drugs. Basing on the voluntary statement of accused nos.1 to 3, the investigating agency is making hectic attempts to arrest the present petitioner. He apprehends threat of arrest in the hands of police. The present petitioner and accused No.4 alleged to have absconded from the place of incident. CCH­33 Crl.Misc.No.10581/2022 5

10. On careful analysis of rival contentions and the

prosecution papers available on record, the investigating agency seized 1 Kg 10 grams of ganja under the seizure panchanama from accused No.1 to 3. But, at this stage the investigating agency has failed to place any material before this court to show that the present petitioner is doing drug trafficking and he was present along with other accused at the time of apprehension. Further the narcotic substance seized in the case is 1 Kg 10 grams of Ganja seized from accused No.1 to 3. As per notification 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 1 Kg 10 grams of Ganja which is an intermediate quantity.

11. Incriminatory article is already seized from

accused No.1 to 3. The offence alleged against the petitioner is not punishable with death or imprisonment for life. Custodial interrogation of petitioner is not warranted. 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.

12. Point No.2:­ In the result, I proceed to pass following:

ORDER

The Petition filed by the petitioner U/Sec.438 of Cr.P.C is hereby allowed. The respondent police is directed to release the petitioner on bail in the event of his arrest in Cr.No.227/2022 of HAL Police Station for the offence punishable U/s.20(B) and 27(B) of NDPS Act, on executing personal bond for a sum of Rs.1,00,000/­ with two sureties for the like sum with following conditions:­

1. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case, so as to dissuade him from disclosing such facts to the Court or to any police officer.

2. He shall mark his attendance before the concerned IO on every first Sunday of the month between 10.00 am., to 5.00 pm., till filing of the charge sheet or further orders which ever is earlier. CCH­33 Crl.Misc.No.10581/2022 7

3. He shall attend before the Court on all dates of hearing without fail and shall not leave the jurisdiction of this court till the conclusion of trial without prior permission of this court.

4) He shall not threaten or try to tamper with the prosecution witnesses in any manner. 5) He shall not commit similar offence or any offence while on bail. 6) He shall furnish his photo ID proof and photo identity proof of their surety. 7) Breach of any of the conditions by the petitioner would entail cancellation of bail. [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 7th DAY OF NOVEMBER 2022] (B. S. JAYASHREE) XXXIII ACC & SJ & SPL.JUDGE, (NDPS) : BENGALURU.