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 8th DAY OF SEPTEMBER 2022
Crl.Misc.No.8335/2022
Petitioner :
(accused No.2)
Girija Shankar Singh, S/o.Mandilal
Singh, 43 years, No.68/2, 4th Cross,
Pipeline Malleshwaram, Bangalore
560 003.
(By Sri N Gopal., Adv.)
V/S.
Respondent :
State by Excise sub Division
Gandhinagar PS
(By Public Prosecutor)
ORDER
The present petition U/Sec.438 of Cr.P.C., is filed by the
petitioner to enlarge him on bail, in the event of his arrest in
Cr.No.16/202223 of Excise Sub Division, Gandhinagar PS.,
2
registered for the offence punishable U/Sec.8(c), 20(b)(ii)(a), 25
of N.D.P.S. Act.
2. The grounds urged by the petitioner for grant of bail
are as under:
A false case has been foisted against him. The allegation
in the complaint are inconsistent. He has been foisted as
accused No.2 in the case basing on the created statement of
accused No.1. The present petitioner is no way connected to
the crime.
He apprehends imminent threat of arrest in the
hands of complainant. 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. He has no bad antecedents. He
is the sole bread earner of his family. Hence, sought to grant
bail.
3. The objection raised by the prosecution is that the
investigating agency has seized 276 grams of ganja from the
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possession of accused No.1. A detailed mahazar is drawn in
the spot.
The offence alleged against the petitioner is
punishable with rigorous imprisonment for a term which shall
extend upto 10 years. There is a primafacie case available
against the petitioner. He is an habitual drug dealer.
In the
event of grant of bail, he would abscond and may hamper the
investigation. Hence, sought to reject the claim 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 the petitioner has made out
satisfactory grounds to entertain his
claim for anticipatory 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:
4
REASONS
7. POINT NO.1: the respondent police have registered a
case against one Sarvesh Singh in Cr.No.16/2223 for the
offence punishable U/s.8(c), 20(b)(ii)(a), 25 of N.D.P.S. Act. He
was arrested, produced before court and was remanded to
judicial custody. The allegation against him is he is carrying
276 grams of ganja tablets in his two wheeler bearing No.KA
05 JE 5203. The Excise Inspector had received information on
26.4.2022 at about 8.30 pm., that a person is carrying ganja
tablets in a vehicle. The vehicle was intercepted, accused was
enquired and in the vehicle ganja tablets were found and
seized under a detail mahazar.
After the apprehension of
accused when the vehicle document was checked the said
vehicle is standing in the name of present petitioner.
The
petitioner has been issued with a notice to appear for enquiry.
The petitioner claims that he is no way connected to the crime.
If he appears before the investigating agency for enquiry he
would be detained and false allegations would be made against
him and there is every possibility of his arrest.
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8.
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On careful consideration of prosecution papers one
Sarvesh Singh is found to be carrying ganja tablets. He was
apprehended with the said tablets by the investigating agency,
he was arrested and remanded to judicial custody. During
investigation when the vehicle documents was checked, it was
found to be standing in the name of present petitioner. Except
this there is no allegation against the present petitioner that he
is involved in transportation of ganja tablets. At this stage, on
scrutiny of the prosecution papers there is no material
available on record that the present petitioner is actively
involved in transporting the contraband along with the
accused No.1 herein.
9. On looking to the allegations and the notice issued by
the investigating agency for the appearance of the petitioner
before them for investigation it appears that there is imminent
threat of arrest in the aforesaid case. Therefore, if by imposing
conditions the petitioner is extended the benefit of anticipatory
bail, it would not in any way effect the process of investigation.
As per the information provided by the petitioner, he is
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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.
10. Point No.2: In the result, I proceed to pass following:
ORDER
The Petition filed by the petitioner U/Sec.438
of Cr.P.C is hereby allowed.
The respondent police is directed to release the
petitioner on bail in the event of his arrest in
Cr.No.16/202223
Gandhinagar
Police
of
Inspector
Station
for
of
Excise
the
offences
punishable U/s.20(b)(ii)(a), 25 & 8(c) of NDPS Act,
on
executing
personal
bond
for
a
sum
of
Rs.50,000/ with one surety for the like sum with
following conditions:
1)
He shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with facts of the case, so as to
dissuade him from disclosing such facts to
the Court or to any police officer.
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CCH33
Crl.Misc.No.8335/2022
2)
He shall mark his attendance before the
concerned IO on every first Sunday of the
month between 10.00 am., to 5.00 pm., till
filing of the charge sheet or further orders
which ever is earlier.
3)
He shall attend before the Court on all dates
of hearing without fail and shall not leave the
jurisdiction of this court till the conclusion of
trial without prior permission of this court.
4)
He shall not threaten or try to tamper with
the prosecution witnesses in any manner.
5)
He shall not commit similar offence or
any offence while on bail.
6)
He shall furnish his photo ID proof and photo
identity proof of their surety.
7)
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 8th day of September 2022].
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*