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 20 th DAY OF DECEMBER 2022
Crl.Misc.No. 12362/ 2022
Petitioner :
(accused No.1)
Apsar Pasha @ Apsar Basha, s/o.late
Babu Pasha, a/a 41 years, R/at
No.732, 2nd Cross, ITI Layout,
Manganapalya, Bengaluru -560087
(A1 is in JC)
(By Sri.M.V.Murthy .Adv.)
V/S.

Respondent :
State by Cottonpet PS
(By Public Prosecutor)
O R DE R
The present petition U/Sec.439 of Cr.P.C., is filed by the
petitioner to enlarge him on bail, in Cr.No.195/2022
Cottonpete
PS.,
registered
for
the
offence
of
punishable
U/Sec.20(b) of NDPS Act.
2. The prevalent grounds urged seeking bail:-
2
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. If he is detained in the Central
prison his career will be spoiled in the midst of the other
criminals in the prison. 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 4 Kgs 578 grams of ganja
which is a Intermediate quantity. There are sufficient material
available 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
CCH-33
Crl.Misc.No.12362/2022
3
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.
traced.

He
may
involve
himself
in
He has to be
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?
6. My findings on the above points are as under:
Point No.1: In the Affirmative
4
Point No.2: As per the final order for the following:
REASONS
7. POINT NO.1:- The PI, of Cottonpet PS., Bangalore has
presented the complaint before the SHO.

The gist of the
allegation reads as here under:On 12/12/2022 at 4.00 pm., at when the complainant
police officer is discharging his duty in the police station
received credible information that with in the jurisdiction of
the respondent police station, at the back gate of the City
Railway Station one person is carrying Ganja in a plastic bag
and selling the ganja illigally to the public. On receipt of the
information he along with staff and panchas has been to the
spot and conducted raid. The accused on enquiry revealed his
name and identity. When he was informed about his right to
get his personal search through gazetted officer or Magistrate,
he has consented to have his personal search through a
gazetted officer. Through a gazetted officer personal search of
the accused was conducted. In the plastic bag which is in the
hand of accused 4 Kgs, 578 grams of ganja is found it is
seized. A detail mahazar is drawn. Thereafter, a detail report
5
CCH-33
Crl.Misc.No.12362/2022
is prepared by him and submitted to the SHO. Basing on the
said report, a case in Cr.195/2022 is registered against the
petitioner for the offense punishable U/s.20(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 4 Kg 578 grams of ganja is seized
from the petitioner and other accused. The offence punishable
with imprisonment upto 10 years and with fine.

There are
primaнfacie material available against them.

10.

On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on
6
12.12.2022 complainant has conducted raid and apprehended
accused. On looking to the seizure panchanama the drugs
seized from accused is weighing 4 Kg 578 grams of 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 drugнganja 1000 grams is
small quantity and 20 Kgs., is commercial quantity.
case the quantum of ganja seized is 4 Kg 578 grams
In this
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 Ц Bail Ц grant of Ц non commercial quantity Ц
quantity involved being only 14 Kgs., of ganja, which is a
non commercial quantity appellant accused not involved in
any other case Ц in above circumstances, held, appellant
should be released on bail, pending trial Ц 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.

CCH-33
Crl.Misc.No.12362/2022
7
11. Here in this case the drugs seized by the investigating
agency to the tune of 4 Kg 578 grams 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 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.

8
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.,
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
co-operate
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
9
CCH-33
Crl.Misc.No.12362/2022
[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 20th day of December 2022)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*