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 HE 23 th DAY OF AUGUST 2022 Crl.Misc.No.7928/2022
Petitioner : Abhishek .B, S/o Babu. S (accused No.4) Aged about 24 years, R/at No. L103, 5th Main, Okalipuram, Srirampuram, Bengaluru560021 (By Sri Suresh Babu. Adv.) V/S. Respondent : State by Magadi Road 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.140/2022 of Magadi Road PS., registered for the offence punishable U/Sec.20(b)(ii)(a) 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 working as an Engineer in the company have 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. The incriminatory article is already seized from the accused Nos.1 to 3 herein. He has been shown as involved in the crime in the investigation papers but there is no material against the present petitioner. He has no nexus with the other accused of the case. Hence, sought to grant bail.
3. The prosecution while opposing the bail petition contended that the petitioner is required for the purpose of investigation as he was absconding. He is involved in the crime. In all 940 grams of Hashish Oil and 10 Kgs., of ganja seized in the afore said crime. Accused No.1 to 3 were CCH33 Crl.Misc.No.7928/2022 3 arrested and incriminatory contraband is seized. There is prima facie case against the petitioner. In the event of grant of bail, he may abscond and tamper evidence of the prosecution. 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 PI Magadi Road PS., who is the complainant in this case before the Magadi Road PS. The contents of the report is as here under: On 16.07.2022 at 1.15 PM., the complainant PI has put the criminal law into motion. On 15.7.2022 at 9.00 PM., when the complainant was discharging his duties in his office, he has received credible information that there is illicit storage of contraband in the house of accused No.1, situated at Door No.9/2, 2nd Cross, 6th Block, Gopalpura, Rajajinagar, Bengaluru. On obtaining permission from ACP (CCB), he has conducted raid in the house of accused No.1. In the house of accused No.1, accused Nos.2 and 3 were also present along with accused No.1. On search of the house, 940 grams of hashish oil, 10 Kgs., of ganja were found. The said contraband is seized under the mahazar. The A.1 to 3 who were in the house were arrested, a detailed mahazar is drawn on the spot. On interrogating accused No.1 & 2 they have revealed that they have purchased contraband from Tuni of Vishakapatnam of Andhra Pradesh and they went along with accused No.4 Abhishek to purchase the said contraband. Basing on the statement of accused Nos.1 and 2 accused No.4 is also prosecuted in the case. The complainant PI., after arrest of accused Nos.1 to CCH33 Crl.Misc.No.7928/2022 5 3 has registered a case against accused Nos.1 to 4 in Crime No.140/2022 for the offences punishable u/Sec.8(c), 20(ii) (b) 21(b) of NDPS Act. The present petitioner is accused Nos.4 in the case.
8. On careful analysis of rival contentions and the prosecution papers available on record the investigating agency seized 940 grams of Hashish Oil, 10 Kgs of ganja under the seizure panchanama. The accused No.1 to 3 were 15.07.2022 and they were released on bail. 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.23 the narcotic drughashish 100 grams is small quantity and 1 Kg., is commercial quantity. 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. In this case the quantum of Hashish Oil seized is 940 grams and ganja seized is 10 Kgs of which is an intermediate quantity. The allegation against the present petitioner is he has accompanied accused Nos.1 and 2 to purchase ganja from Vishakapatnam Tuni, Andhra Pradesh. At this stage, there is allegation against the present petitioner that he has accompanied accused Nos.1 and 2 to purchase the contraband. The accused Nos.1 and 2 were already enlarged on bail. The quantum of contraband involved in the case is intermediate in quantity. The offence alleged against the petitioner is not punishable with death or imprisonment for life. Custodial interrogation 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.
10. Point No.2: In the result, I proceed to pass following: CCH33 Crl.Misc.No.7928/2022 7
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.140/2022 of Magadi Police Station for the offences punishable U/s.8(c), 20(ii)(b) 21(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.
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 23th day of August 2022] (B. S. JAYASHREE) XXXIII ACC & SJ & SPL.JUDGE, (NDPS) : BENGALURU. CN/*