Crl.Misc. No.2849/2024 KABC010079952024 In the Court of the XXXIV Additional City Civil and Sessions Judge and Special Judge, (NDPS), (CCH-35), Bengaluru Dated this the 30th day of March, 2024 Present :- Sri. G.Raghavendra, B.Sc., LL.B., XXXIV Addl. City Civil & Sessions Judge and Special Judge, (NDPS), Bengaluru. Crl.Misc. No.2849/2024 Petitioner: GOKULRAJ RAJENDIRAN, S/O RAJENDIRAN, AGED/A 27, RESIDING AT NO.1/304, GAJANAIKANPATTI, KANDHILI POST, THIRUPATHUR TALUK, KANDILIVELLORE, TAMILNADU. (By Sri. Guruprasad Patil., Advocate) Vs. Respondent: The State of Karnataka by Byappanahalli Railway Police Station, Bengaluru. (By Public Prosecutor)
ORDER
1) This Criminal Miscellaneous Petition under Section 439 of Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) is filed by Petitioner / Accused No.1 to enlarge him on bail in Crime No.17/2024 registered by Crl.Misc. No.2849/2024 Respondent – Byappanahalli Railway Police Station, Bengaluru City, for the offences punishable under Section U/S 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act,1985 ('NDPS Act' for short). 2) The Learned Public Prosecutor has filed an objection to this criminal miscellaneous petition. 3) Heard the Counsel for Petitioner and learned Public Prosecutor. 4) On the basis of contents of the petition, contentions taken in the objection filed to this application and on the submission of both the Counsel for Petitioner and learned Public Prosecutor, the following points arise for my consideration: Point No.1: Whether Petitioner / Accused No.1 satisfies that there are reasonable grounds for believing that he is not guilty of an alleged offence and he is not likely to commit any offence while on bail? Point No.2: What Order? 5) My answer to the above points are as under: Point No.1: In the Affirmative. Point No.2: As per the final order for the following:
REASONS
6) Point No.1: Perused the certified copy of the documents produced by the petitioner along with this criminal miscellaneous petition. That on 09.03.2024 when Sri. Govindappa D., Police Sub-Inspector (PSI), Bengalure City Railway Station was on traffic duty at Bengaluru City Railway Station at 11:30 a.m., he received a phone call from I.R.P./B.N.C. that he received an information from the ganja detection squad members that they were watching transportation of ganja in trains on 09.03.2024 in Crl.Misc. No.2849/2024 train No.18463, Prashanti Express from Gouribidanoor Railway Station. When the train was moving near Channasandra Railway Station slowly a person from general compartment got down along with a shoulder bag and reached platform No.1 by walking and seated on the stone bench. On suspicion the Ganja Detection Squad members got down from the train and went near the said person. By seeing the members of Ganja Detection Squad said person tried to run away by leaving the shoulder bag. The Ganja Detection Squad members caught hold said person and brought him to the place where the shoulder bag was kept. On enquiry said person revealed his name and address and further stated that there is ganja in the bag. The I.R.P./B.N.C. instructed Sri. Govindappa D, PSI, to take further action. 7) Thereafter Sri. Govindappa D, PSI called PSI, Byappanahalli Railway Police Station to send staff along with investigation materials to conduct mahazar proceedings and reached Channasandra Railway Station. The Ganja Detection Squad members were at the railway station along with a person with a shoulder bag. Thereafter, the staff of Byappanahalli Police Station reached the platform along with weighing machine, laptop etc. On enquiry said person revealed his name and address and further stated that he purchased ganja from tribal areas of Thuni Narasimhapete, Andra Pradesh and transported the same to sell at his native place Thirupathuoor, Thamilunadu. Thereafter PSI issued a notice to panchas requesting them to assist as panchas. The PSI also apprised the right of accused No.1 about his search by a Gazetted Officer or a Magistrate. On consent of accused No.1 for his search, the PSI asked accused No.1 to open the shoulder bag. After opening of shoulder bag the PSI found 5 bundles wrapped with brown color cello tape. After opening the bundles the PSI weighed and found totally 6 kgs 170 grams Crl.Misc. No.2849/2024 of ganja in 5 bundles. Thereafter, PSI also found a Nokia Keypad Set Mobile, black colour purse and Rs.100/- from the possession of accused No.1. 8) Thereafter PSI seized ganja and other articles under seizure mahazar. Thereafter PSI brought accused No.1 along with seized ganja and other articles to Byaappanahalli Railway Police Station at 4:30 p.m. and gave a computer typed complaint at 4:45 p.m. On the basis of complaint a first information report under crime No.17/2024 was registered by Sri. Shivakumar M, PSI, Byappanahalli Railway Police Station against accused No.1 for offences punishable under section20(b) (ii) (B) of NDPS Act. 9) The Petitioner in his petition has stated the following grounds to show that he is entitled for bail. i) The Petitioner was traveling to Bangalore from his Native place and arrived at Vishveshwarayya Terminal Railway Station. ii) The complainant Police approached the Petitioner and taken the petitioner to their custody without giving any explanatio and falsely implicated him in the case. iii) That the ganja found during recovery by the Respondent Police does not belong to the petitioner. iv) None of the offences mentioned in the FIR are punishable by death or imprisonment for life. 10) In specification of the small and commercial quantity of Narcotic Drug or Psychotropic Substance, SO 1055 (E), dated Crl.Misc. No.2849/2024 19.10.2021 as amended, issued by the Central Government at Serial No.55, 1000 grams of ganja is specified as small quantity and 20 kg of ganja is specified as commercial quantity. The total ganja recovered in this case from accused No.1 is 6 kgs 170 grams of ganja, which is intermediate quantity. 11) As per Section 20 (b) (ii) (B) of NDPS Act, whoever, in contravention of any provision of NDPS Act or any rule or order made or condition of license granted thereunder produces, manufactures, possesses, sells, purchases, transports, imports inter-state, exports inter- state or uses cannabis which involves commercial quantity shall be punishable with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees. 12) Section 37 of NDPS Act, mandates that no person accused of offences punishable for offences under Section 19 or Section 24 or Section 27A and also for offences involving commercial quantity shall be released on bail, unless the court satisfied that there are reasonable grounds for believing that accused is/are not guilty of such offences and that accused is/are not likely to commit any offences while on bail. 13) Section 37(2) of NDPS Act, reads as under: “37. Offences to be cognizable and non-bailable (1) xxxx xxx (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973(2 of 1974) or any other law for the time being in force, on granting of bail.” Crl.Misc. No.2849/2024 14) The conditions for grant of bail in offences punishable under Section 19 or Section 24 or Section 27A and also for offences involving commercial quantity are differ from the general rule of bail. Two additional preconditions are imposed upon the accused in addition to the ones prescribed under Cr.P.C, which are to be satisfied before an accused can be enlarged on bail. 15) As per the above Section 37(2) of NDPS Act, while deciding the bail application for offences except the offences punishable under Section 19 or Section 24 or Section 27A and also for offences involving commercial quantity, Section 437(1) (ii) and Section 437 (3) are applicable. 16) Section 437(1) (i) & (ii) & Section 437(3) of Cr.P.C., reads as under: “437. When bail may be taken in case of non-bailable offence.- (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but— (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years; Crl.Misc. No.2849/2024 ……………………………………………………………………………. (3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under Sub-Section (1) the Court shall impose the conditions— (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. and may also impose, in the interests of justice, such other conditions as it considers necessary.” 17) The prosecution in the objection filed to this criminal miscellaneous petition has contended that if the accused No.1 is released on bail, he may commit the similar offences, tamper with the prosecution witnesses and may not appear before the court. Accused No.1 is from State of Tamilnadu. I am of the opinion that the objections of prosecution can be met by imposing conditions as stated in Section 437(3) of Cr.P.C. Hence, I answer point No.1 in the Affirmative. 18) Point No.2:- In view of the answer, I arrived to point No.1, I proceed to pass the following:- Crl.Misc. No.2849/2024 O R D E R The Criminal Miscellaneous Petition under Section 439 of Code of Criminal Procedure, 1973 filed by Petitioner /accused No.1 is allowed. The Petitioner /accused No.1 is enlarged on bail on execution of personal bond of Rs.1,00,000/- (Rupees One Lakh), along with one surety for the like sum in Crime No.17/2024 registered by Respondent – Byappanahalli Railway Police Station, Bengaluru City, for the offences punishable under Section U/S 20(b)(ii)(B) of NDPS Act, 1985, on the following conditions: 1) The Petitioner / accused No.1 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case. 2) The Petitioner / accused No.1 shall cooperate with the Investigation Officer (I.O) for investigation. 3) The Petitioner / accused No.1 shall produce copy of his Aadhaar card before this court. 4) The Petitioner / accused No.1 shall regularly appear before the court. 5) The Petitioner / accused No.1 shall not commit any offences similar to the offences of which he is accused or any other offences. 6) Breach of any of the conditions by the Petitioner / accused No.1 would entail cancellation of bail. (Dictated directly to the Stenographer on computer, after typed by her, corrected, signed and pronounced in the open court on this the 30th day of March, 2024). Digitally signed by RAGHAVENDRA RAGHAVENDRA G G Date:10:30:112024.04.01+0530 (G. Raghavendra) XXXIV Addl. City Civil & Sessions Judge & Special Judge (NDPS), Bengaluru.