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 3 rd DAY OF AUGUST 2022
Crl.Misc.No.7365/2022
Petitioner :
(Accused No.3)
Chandrashekar A, S/o. Ashok,
Aged about 27 years, R/at. Near
Manganahalli Circle, Ullal Main
Road, Bengaluru.
(By Sri MBR, Adv.)
V/S.

Respondent :
State by Magadi Road 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.140/2022 of Magadi
Road PS., registered for the offences punishable U/Sec.8(c),
20(ii), (B), 21(B) of NDPS Act.

2
2. The grounds urged by the petitioner for grant of bail
are as under:
That the petitioner is absolutely innocent of the alleged
offences and has got valid and tenable defense on his behalf.
The petitioner has been falsely implicated in the above case
and the entire version of the complaint is a concocted and
created story and the same claims to be tried. The petitioner is
totally stranger to the alleged crime and neither directly nor
indirectly he is involved in the commission of the offence. The
mandatory provisions on Sec.42, 50, 52, 55 and 57 of NDPS
Act have not been complied.
required
for
the
purpose
interrogation
and
detention
That the petitioner is no more
of
in
any
enquiry
judicial
or
custody
custodial
without
concrete evidence or proof will be against the principles of
natural justice and against the fundamental rights of the
above named petitioner. The petitioner is law abiding citizen
without any bad antecedents, he is permanent resident of the
above
mentioned
address,
the
petitioner
hails
from
a
respectable family and living a decent life with his family. The
petitioner is ready and willing to abide by any conditions
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CCH-33
Crl.Misc.No.7365/2022
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 objection raised by the prosecution is that the
investigating agency has in all seized 940 grams of Hashish
Oil and 10 kgs., of ganja and other articles from the possession
of the accused No.1 and 2 along with this petitioner.

The
accused are found to be in possession of narcotic substance.
A detailed mahazar is drawn in the spot. Personal search is
conducted. The offence alleged against the petitioner is
punishable with rigorous imprisonment for a term which shall
extend upto 20 years of imprisonment and 2 lakhs fine. There
is a primafacie case available against the petitioner. He is an
habitual drug dealer.

In the event of grant of bail, they would
abscond and may hamper the investigation. Hence, sought to
reject the bail plea of petitioners.

4. Heard the arguments of both sides and perused the
records.

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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
Point No.2: As per the final order for the following:
REASONS
7. POINT NO.1:- A report submitted by PI (CCB)
Bengaluru (W & N), 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
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CCH-33
Crl.Misc.No.7365/2022
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.
The complainant PI along with the accused and the seized
articles filed a complaint before the Magadi Road P.S., which is
the basis to register 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 No.3 in
the case.
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 resident 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.

6
9. The prosecution opposed the bail plea on the ground
that the offence alleged against the petitioner is punishable
with imprisonment upto 10 years and fine.

In the event of
grant of bail he is going to abscond and may hamper
investigation.

10.

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 petitioner is in judicial custody
since the date of his arrest i.e., from 16.07.2022. On looking
to the seizure panchanama the drugs seized is weighing 940
grams of Hashish Oil and 10 kgs of ganja. As per specification
of small and commercial quantity of narcotic drug or
psychotropic
Department
substance
of
Revenue
issued
by
Ministry
Notification
of
S.O.1055(E)
Finance
dated
19.10.2001 at Sl.No.23 the narcotic drugнhashish 100 grams
is small quantity and 1 Kg., is commercial quantity. As per
specification of small and commercial quantity of narcotic drug
CCH-33
Crl.Misc.No.7365/2022
7
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. In this
case the quantum of Hashish Oil seized is 940 grams and
ganja seized is 10 kgs of which 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.

8
11.

Here in this case the drugs seized by the
investigating agency to the tune of 940 grams of Hashish Oil
and 10 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 petitioner is not punishable with
death or imprisonment for life. Further custodial interrogation
is not warranted. Voluntary statement of accused is already
recorded. The accused Nos.1 and 2 are already granted bail in
Crl.Misc.No.7264/2022 vide order dated 1.8.2022. 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
CCH-33
Crl.Misc.No.7365/2022
9
conditions. In the result, I answer the point for consideration
in the affirmative.
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 with I.O for 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 dates of
hearing.

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8. Breach of any of the conditions by the
petitioners would entail cancellation of bail.
[Dictated to the Judgment Writer, directly on the computer, typed and
computerised by her, corrected, signed and then pronounced by me in
Open Court on this the 3rd day of August, 2022]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
PST/*