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 21 st DAY OF JULY 2022 Crl. Misc.No.6863/2022 petitioners : 1. Sathpal, S/o Late ramadhari (accused No.1 & 2) sharma, aged about 53 years, R/at Hotte Ramanna Building, Prabhanagara, Makali, dasanapura hobli, Bengaluru North taluk, Bengaluru Native Beetamada Village, Ugalan Mandi Post & thana, Hissar District, Harayana State.
2. Chandra Prasad Vetwal @ bikas Sharma, S/o Uday Narayan Vetwal, aged about 26 years, R/at Hotte Ramanna Building, Prabhanagara, Makali, dasanapura hobli, Bengaluru North taluk, Bengaluru
Native Dhanashreepura Village, Dihira post, Baksa district, Assam State.
3. Ramesh Karol, s/o Gomaji Karol, aged about 25 years, r/at Namali Village, Mathur Post and Police thana, ruthulam District, Madhya Pradesh.
4. Mohammed Suheal, S/o
Mohammed Vakil, aged about 23 years, r/at Madavara, Dasanapura Hobli, Bengaluru North Taluk, Bengaluru Native of Veerapura Village, Thana Begusaray district, Bihara state. (By SriM.D.G.Adv. V/S. Respondent : State by Madanayakanahalli PS. (By Public Prosecutor) O R D E R The present petition U/Sec.439 of Cr.P.C., is filed by the petitioners to enlarge them on bail, in Cr.No.297/2022 of Madanayakanahalli PS., registered for the offence punishable U/Sec.20(B) of NDPS Act.
2. The grounds urged by the petitioners for grant of bail
are as under: That the petitioners are innocent and law abiding citizens. They have not committed any offence much less the offence as alleged. They have been falsely implicated by the respondent in this case. Though the alleged offences are non bailable, but is neither punishable with imprisonment for life CCH-33 Crl.Misc.No.6863/2022 or death sentence. The procedure contemplated under N.D.P.S. Act not followed while recovery. The petitioners are permanent residents of the address shown in the cause title. The petitioners are ready and willing to abide by any conditions imposed by this court in the event of grant of bail. They are ready to offer surety for their 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 4 Kgs., of ganja. The offences alleged against the petitioners are punishable with rigorous imprisonment for a term upto 10 years and shall also be liable to fine. There is a primafacie case available against the petitioners. They are habitual drug dealers. There is primafacie case made out against petitioners. If petitioners are released on bail, they will continue the profession of narcotic drug selling, and they 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 petitioners have made out sufficient grounds to enlarge them on 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, ., who is the
complainant in this case before the Madanayakanahalli PS. The contents of the report is as here under:- On 21.06.2022 at about 4.30 Pm., when the complainant was in the station he has received credible information through an informant that at Dasanapura Hobli, Makali Village, Prabha Nagar, in front of Hotte Ramanna building, in the shop of one Sathpal, the worker of Sathpal by name Vikas Sharma is doing the sale of ganja along with 4 other persons. On getting the information he has registered the case in Cr.No.297/2022 against the Sathpal and Vikas Sharma and 4 CCH-33 Crl.Misc.No.6863/2022 unknown persons for the offence punishable U/Sec. 20(B) of NDPS Act. 7(a) Thereafter the police inspector of Madanayakahalli police station informed the matter to the higher officer obtained permission to conduct raid. He along with panchas and staff had been to the spot in the evening and mounted surveillance in the spot. He has noticed 6 persons in the spot holding plastic covers. They were trying to sell ganja to the public. 2 persons were standing holding their motor bikes. When the plastic covers of the said suspected persons were inspected it was containing ganja leaves, stem, flowers, fruits. The said substance was weighed it was found to be 4 Kgs., The said contraband seized under the mahazar they are from Maharashtra and Andhra Pradesh. Further it is revealed during interrogation that A1 and A2 have brought the ganja to sell it to the public, A5 and A6 were packing the ganja and were selling it to the public. A1 to A6 were arrested were produced before the court and were remanded to J.C. The present petitioners are Accused Nos.1 to 4 in the case.
8. It is argued by the learned counsel for petitioners that
they are planted in the case by the complainant police they are 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. They are permanent residents of the address given in the cause title. In the event of grant of bail the are ready to abide by the conditions which are being imposed by this court.
9. It is argued by the prosecution that the petitioners
have committed heinous offence 4 Kgs., of ganja is seized from the petitioners. The offence punishable with imprisonment upto 10 years and with fine. There is prima facie material available against them.
10. On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on 21.06.2022 PI of Madanayakanahalli PS., has conducted raid and apprehended the petitioners. On looking to the seizure panchanama the drugs seized is weighing 2 Kgs., 50 grams, of CCH-33 Crl.Misc.No.6863/2022 ganja. 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 ganja seized is 4 Kgs., of ganja is an intermediate quantity. As per the decision of 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 4 Kgs., of ganja 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.
12. The major portion of investigation in the case is
concluded as the incriminatory article is already seized. The offence alleged against the petitioners are not punishable with death or imprisonment for life. Further custodial interrogation is not warranted. Their Voluntary statements is already recorded. As per the information provided by the petitioners they are permanently residing in the addresses shown in the cause title. The apprehension of the prosecution that they 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. CCH-33 Crl.Misc.No.6863/2022
13. Point No.2:- In the result, I proceed to pass
following:
ORDER
The Petition filed by the petitioners U/Sec.439 of Cr.P.C is hereby allowed. The petitioners are enlarged on bail on executing personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum with following conditions.
1. The petitioners shall give attendance before the concerned I.O., once in a month i.e., 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. They shall not leave the jurisdiction of this court without prior permission.
3. They shall not tamper the witness or abscond.
4. They shall co-operate with I.O for investigation.
5. They shall not commit similar offence or any offence while on bail.
6. He shall furnish his photo ID proof and local address proof document before the court and photo ID proof of his sureties
7. They shall appear before the court on all hearing dates.
8. Breach of any of the conditions by the petitioners, 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 21st day of July 2022) (B. S. JAYASHREE) XXXIII ACC & SJ & SPL.JUDGE, (NDPS) : BENGALURU. CN/*