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 24th DAY OF JANUARY 2022
Crl. Misc.No.332/2023
Petitioner :
(accused No. 4)
Imran Khan @ Biriyani,
S/o.Nabi Khan,
Aged about 37 years,
R/at No.2/4, 7th Cross,
Padarayanapura,
J.J.Nagar,
Bengaluru­560026.
(By Sri Lokesh Y, Adv.)
V/S.

Respondent :
State by J.J Nagar Police
(By Public Prosecutor)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by the
petitioner to enlarge him on bail, in Cr.No.2/2023 of J.J.Nagar PS.,
registered for the offences punishable U/Sec. 8(c), 20(ii), (B), 22(B)
(c) of N.D.P.S. Act.
2. The prevalent grounds urged seeking bail:­
2
Crl.Misc.332/2023
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. There is no connection
or active part played by this petitioner. The procedure contemplated
under N.D.P.S. Act not followed while recovery. Petitioner is
permanent resident of the address stated 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 25 Grams of MDMA Crystal, 0.35 Gram LSD
Strips from the accused persons. The MDMA seized is a commercial
quantity. There are sufficient materials 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 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
CCH­33
Crl.Misc.332/2023
3
from his custody.

He may involve himself in 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
learned
counsel
for
the
petitioner
and
the
prosecution.
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:­ The PI, JJ Nagar PS., Bangalore has put the
criminal law into motion. The gist of the allegation reads as here
under:­
4
Crl.Misc.332/2023
On 02.01.2023 , when the complainant was in the police
station has received credible information that at near Edga Ground,
Old Guddadahalli, Bengaluru three persons are selling the Ganja,
MDMA Crystal , LSD Strips to the students and the persons who are
coming to play in the ground. After receipt of the information he
has informed to his superior and obtained permission to conduct
raid. He along with the panchas and staff had been to the spot at
4.00 p.m., the suspected were there in the spot.

They were
surrounded and apprehended, on enquiry, they have revealed their
names and addresses. During personal search as well as search of
bag of accused Nos. 1 to 3, 25 Grams of MDMA Crystal, 0.35 Gram
LSD Strips were found and seized under mahazar.
taken for forensic examination.

Sample was
A detailed report is submitted to
JJB Nagar PS which is the basis to register the case against the
accused Nos. 1 to 3 in Cr.No.2/2023 of JB Nagar PS., registered for
the offences punishable U/Sec.8(c), 20(ii), (B), 22(B) (c) of N.D.P.S.
Act. After arrest of accused Nos. 1 to 3, during voluntary statement
they have revealed that accused No.4 Imran Khan @ Biryani has
supplied contraband to them. Basing on the voluntary statement,
he was arrested on 5.1.2023 and produced him before the Court.

CCH­33
Crl.Misc.332/2023
5
8.

It is vehemently argued by the learned counsel for the
petitioner that petitioner he is falsely implicated in the said case.
The quantity seized from the possession of the accused is less than
commercial
quantity.

The
major
portion
of
investigation
is
concluded. Custodial interrogation is not warranted. He is entitled
for bail.
9.

It is argued by the prosecution that the petitioner has
committed heinous offence and the drugs were seized from his
custody. There are prima­facie material available against him.

10.

On careful analysis of rival contentions and the
prosecution papers available on record, the investigating agency
seized 25 Grams of MDMA Crystal, 0.35 Gram LSD Strips seized
from accused No.1 to 3 on 2.1.2023. 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 Sl.No.134 the narcotic drug ­ MDMA
weighing 10 grams is a commercial quantity. In the present case 19
grams of MDMA narcotic substance is seized which is a commercial
quantity. As per Sl.No.133, 0.002 grams of LSD is small quantity,
0.1 gram is commercial quantity. In the present case 25 Grams of
6
Crl.Misc.332/2023
MDMA Crystal, 0.35 Gram LSD Strips narcotic substance is seized
from accused Nos. 1 to 3 which is a commercial quantity.

The
allegation against the present petitioner is he has supplied the
contraband to the accused Nos. 1 to 3.

But in that regard, no
material is collected and produced by the Investigating Agency.
There is no recovery of contraband from the present petitioner.
Thus, on looking to the allegations levelled in the prosecution
papers, when there is no recovery of contraband from the present
petitioner and there is no document in regard to supply of
contraband by the present petitioner to the accused Nos. 1 to 3 if by
imposing stringent condition is enlarged on Bail it would suffice the
apprehension of prosecution. Further, the offence alleged against
the present petitioner is not punishable with death or imprisonment
for life, he is permanent resident of the address shown in the cause
title.
The major portion of the investigation is concluded.

The
offence alleged against the petitioner is not punishable with death or
imprisonment for life. Further custodial interrogation is not
warranted. 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
CCH­33
Crl.Misc.332/2023
7
protract the trial could be compensated by imposing stringent
conditions. In the result, I answer the point for consideration in the
affirmative.
11.

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
co­operate
investigation.

5.

He shall not commit similar offence or
any offence while on bail.

6.

He shall furnish his photo ID proof and
local address proof document before the
court and photo ID proof of his sureties.

7.

He shall appear before the court on all
with
I.O
for
8
Crl.Misc.332/2023
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 24 th day of
JANUARY 2023)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.