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 02nd DAY OF SEPTEMBER 2023
Crl.Misc.No.8431/2023
Petitioner :
(accused No.1& 2)
1.Deva S/o Aniyappa,
Aged 24 Years, R./at No.13, 1st Cross,
L.R Nagara, Koramangala, Bengaluru.
2. Vignesh @ Dadu, S/o Pandiyan
Aged 25 years, R/at No.380, No.54,
th
8 Cross, L R Ngar, Koramangala,
Bengaluru city
(By Sri C Srinivasa , Adv.)
V/S.

Respondent :
State by Audugodi PS
(By Public Prosecutor)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by
the petitioners to enlarge them on bail, in Cr.No.226/2023
of
Adugodi PS., registered for the offence punishable
U/Sec.20(b)(ii)(B) of N.D.P.S. Act.

2
2. The grounds urged by the petitioners for grant of
bail are as under:
That the petitioners have never committed or involved
in the alleged crime either directly or indirectly but they
have been falsely implicated in the above case.

The
mandatory provisions of NDPS Act has not been complied.
Though the alleged offence is non bailable, but is neither
punishable with imprisonment for life or death sentence.
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 objection raised by the prosecution is that the
investigating agency has seized 1 Kg., 380 grams of ganja
from the possession of petitioners herein.

The petitioners
are found to be in possession of narcotic drug. A detailed
mahazar is drawn in the spot. Personal search is conducted.
The offence alleged against the petitioners is punishable
with rigorous imprisonment for a term which shall extend
upto 10 years. There is a prima-facie case available against
the petitioners. They are habitual drug dealers. In the event
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CCH-33
Crl.Misc.No.8431/2023
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.

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 PSI of Adugodi
PS., who is the complainant in this case. The contents of
the report is as here under:On 26/08/2023 at about 09-30 AM., when the ASI
and other police constables were on patrolling duty with the
limits of Adugodi police station and when the came in front
4
of Passport office, near Ambedkar Statue Beside, BBMP
Office Empty lace, 80 Feet Road, Kormangala, Bengaluru
city, at that time two persons who were there on seeing the
police tried to run away from the spot.

One person was
holding a plastic cover carrying some substance. On
suspicion they were surrounded and apprehended. On
enquiry he has revealed his name as Deva and another one
Vignesh. When they have enquired about the contents of the
cover they were carrying, they have stated that they are
carrying ganja to sell it to the customers. Immediately the
police constable who was there has procured investigation
tools to the spot. The accused were also found in possession
of deadly weapons. When they were questioned about the
possessing of deadly weapons, they have stated that if any
body obstructs them from selling the contraband they are
going to attack them. When the contents of the cover was
checked it was containing ganja leaves, stem, seeds and
flowers. When the same was weighing it came around 1 Kg.,
380 grams of ganja. The iron knife and long were seized
from them. A detail mahazar was drawn.

A detail report
was prepared and submitted before SHO.

Basing on the
report, a case in Cr. 226/2023 is registered for the offence
CCH-33
Crl.Misc.No.8431/2023
5
punishable U/Sec.20(b)(ii)(B) of N.D.P.S. Act.
accused
were
arrested
and
produced
Thereafter
before
the
jurisdictional Magistrate and remanded to judicial custody.
The present petitioners are accused No.1 & 2 in the case.
8. It is argued by the learned counsel for petitioners
that they have planted in the case by the complainant police
they are unaware of seized drug. 1 Kg., 380 grams of ganja
is seized from the possession of the petitioners is not
commercial quantity. The mandatory provisions of the Act
are not complied. They are labourers, when they were
returning to their home after doing labour work, they were
illegally detained by the police and a false case has been
foisted against them. They are permanent residents of the
address given in the cause title. In the event of grant of bail
they are ready to abide by the conditions which are being
imposed by this court.

9. The prosecution opposed the bail plea on the
ground that the offence alleged against the petitioners is
punishable upto 10 years and with fine. Ganja seized from
the possession of petitioners is intermediate quantity. The
accused Nos.1 and 2 are prosecuted in 2-3 cases of the
6
same police station and the said cases are pending trail.
They are having criminal antecedents and that they are
habitual offenders.

In the event of grant of bail they are
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 1 Kg., 380 grams of ganja under the seizure
panchanama. The petitioners are in judicial custody since
the date of their arrest i.e., from 26.08.2023. On looking to
the seizure panchanama the drugs seized is weighing 1
Kgs., 380 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 drug-ganja 1000 grams is small
quantity and 20 Kgs., is commercial quantity. In this case
the quantum of ganja seized is 1 Kg., 380 grams of ganja
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:
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CCH-33
Crl.Misc.No.8431/2023
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.

11. Here in this case the drugs seized by the
investigating agency to the tune of 1 Kg., 380 grams of ganja
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.

The major portion of
investigation in the case is concluded as the incriminatory
article is already seized from accused persons. The offence
alleged against the petitioner is not punishable with death
or imprisonment for life. Further custodial interrogation is
8
not warranted. As per the information provided by the
petitioners they are permanently residing in the address
shown
in
the
cause
title.

The
apprehension
of
the
prosecution that they may abscond and may protract the
trial
could
be
conditions.

In
compensated
the
result,
by
I
imposing
answer
the
stringent
point
for
consideration in the affirmative.
12. 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
Rs.1,00,000/- with one
for
a
sum
of
surety 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
abscond.

4.

They shall
investigation.

5.

They shall not commit similar offence or
not
tamper
co-operate
the
with
witness
I.O
or
for
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CCH-33
Crl.Misc.No.8431/2023
any offence while on bail.
6.

They shall furnish their photo ID proof and
photo ID proof of their sureties.

7.

They shall appear before the court on all
hearing dates.

8.

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 02nd day of September 2023].

(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.