Crl.Misc. No.8255/2023
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KABC010226922023
In the Court of the XXXIV Additional City Civil and Sessions Judge and
Special Judge, (NDPS), CCHЦ35, Bengaluru
Dated this the 5 th day of September, 2023
Present :Sri. G.Raghavendra, B.Sc., LL.B.,
XXXIV Addl. City Civil & Sessions Judge and
Special Judge, (NDPS),
Bengaluru.
Crl.Misc. No.8255/2023
Petitioner:
(Accused)
Arjun Prasad,
S/o Shivalal Yadav,
Aged about 25 years,
No.11, Sugapati, Madhubani,
Bihar.
(By Sri. M. Srinivasa Gowda, Advocate)
Vs.

Respondent:
The State of Karnataka,
by Inspector of Excise,
Mahadevapura Range,
BUD-05, Sub DIV-10,
Bengaluru.
(By Public Prosecutor)
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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 to enlarge him on regular bail in Crime No.7/202324/4008IE/400808 registered by Respondent Ц Inspector of Excise,
Range-30 (Mahadevapura), Sub Division-10, BUD-05, Bengaluru City for
the offences punishable under Section 20(b) (ii) (B) and 8(c) 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 along with report of Investigation Officer,
FIR, etc.
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 satisfies that
there are reasonable grounds for believing that he is not
guilty of an alleged offences 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:
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REASONS
6)
Point No.1:
Perused the certified copy of the documents
produced by the petitioner along with this criminal miscellaneous petition.
That on 19.8.2023 at 6.00 a.m., when Sri. A. Mujawar, Excise Inspector
(EI), Range-30 (Mahadevapura), Sub-Division-10, Bangalore Urban
District Ц 05, was patrolling near Kaveri Nagara, within the excise range
of Mahadevapura, he received an information that a Bihar origin Arjun
Prasad
is coming near Shree Lakshminarayana Swamy temple on
service road under Hoodi Bridge between 7.30 a.m. to 8.00 a.m.
Thereafter, EI recorded the information in writing and informed the Deputy
Commissioner (BUD-05) and Deputy Superintendent, Sub-Division-10,
BUD-5, through telephone and obtained permission to carry out the raid.
Thereafter, EI reached near Shree Lakshminarayana Swamy temple and
called for two panchas and issued notice to them requesting to assist as
panchas. Thereafter, EI prepared record of reasons under Section 42 of
NDPS Act and asked panchas to search the government vehicle to see
that there were no ganja with them. While watching, EI saw a person
carrying a gray colour luggage bag was wandering suspiciously near
Shree Lakshminarayana Swamy temple. By seeing EI and others, the
said person tried to run away and on detention of said person, he
revealed his name and address. Thereafter, EI informed accused about
his right to be searched by a Magistrate or a Gazetted Officer.

On
consent of accused for his search, EI searched gray colour luggage bag
and found 2 bundles containing dry ganja with flowers and fruiting. The
accused has stated that he has purchased ganja from Bihar State.
Thereafter, EI, found 4 kgs of ganja in one bundle and another 1 kg of
ganja in another bundle. Thereafter, EI collected 50 grams of ganja from
each bundle for chemical examination and seized remaining ganja and
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sample ganja under seizure mahazar. Thereafter, EI registered a first
information report under Crime No.7/2023-24/4008IE/400808 against
accused for an offence punishable under Sections 20(b) (ii) (B) and 8(c)
of NDPS Act.
7) The Petitioner in this petition has urged the following grounds:
i) The petitioner has been falsely implicated in the case.
ii) The alleged offences are not exclusively punishable
either with death or imprisonment for life.
8) In specification of the small and commercial quantity of Narcotic
Drug or Psychotropic Substance, SO 1055 (E), dated 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 ganja recovered in this case from
the accused is 5 kgs., which is between small and commercial quantity.
9) The offence alleged against the accused under Section 20(b) (ii)
(B) of NDPS Act, is punishable with rigorous imprisonment for a term
which may extend to 10 years. The offence alleged against the accused
is not punishable with death or imprisonment for life.
10) Section 37 of NDPS Act, mandates that no person accused of
offences punishable for offences under Section 19 or Section 24 or
Section 27 A 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.

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11)
Section 37(2) of NDPS Act, reads as under:
У37. Offences to be cognizable and non-bailable
(1) xxxx
xxx
(2) The limitations on granting of bail specified in clause (b) of subsection (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.Ф
12) 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.
13) 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.
14)
under:
Section 437(1) (i) & (ii) & Section 437(3) of Cr.P.C., reads as
У437. 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,
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butЧ
(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;
Е………………………………………………………………………….
(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 conditionsЧ
(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
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conditions as it considers necessary.Ф
15) The prosecution in the objection filed to this criminal
miscellaneous petition has contended that if the accused is released on
bail, he may commit the similar offences, tamper with the prosecution
witnesses and may not appear before the court. The prosecution has not
objected to the bail application on the reason that the accused is involved
in similar offences or in any other case. The petitioner is a resident of
Bihar State. 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.
16) In view of the discussion, I made above, I am of the opinion
that,
Petitioner/accused is able to satisfy that there are reasonable
grounds for believing that he is not guilty of the alleged offence. Hence, I
answer point No.1 in the Affirmative.
17)
Point No.2:- In view of the answer, I arrived to point No.1, I
proceed to pass the following:ORDER
The Criminal Miscellaneous Petition under Section 439 of Code of
Criminal Procedure, 1973 filed by Petitioner /accused is allowed.
The Petitioner /accused 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.7/2023-24/4008IE/400808 registered by
Respondent Ц Inspector of Excise, Range-30 (Mahadevapura), Sub
Division-10, BUD-05, Bengaluru City City of NDPS Act, 1985, on the
following conditions:
(1) The Petitioner /accused shall not directly or indirectly make any
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inducement, threat or promise to any person acquainted with the
facts of the case.
(2) The Petitioner /accused
shall cooperate with the Investigation
Officer (I.O) for investigation.
(3) The Petitioner /accused shall submit copy of his Aadhaar Card.
(4) The Petitioner /accused shall regularly appear before the court.
(5) The Petitioner /accused 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 would
entail cancellation of bail.
(Dictated to the Judgment Writer partly and also directly on computer, after
transcribed/ typed by him, corrected, signed and pronounced in the open court on this the
5th day of September, 2023).
RAGHAVENDRA
G
Digitally signed by
RAGHAVENDRA G
Date: 2023.09.13
11:07:30 +0530
(G. Raghavendra)
XXXIV Addl. City Civil & Sessions Judge
& Special Judge (NDPS), Bengaluru.