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 4 th DAY OF JANUARY 2023 Crl. Misc.No.12838/2022 Petitioner : Jayesh Joshi, S/o.Keshavkanth (accused) Joshi, 33years, No.1, Silver Oak Apartment, Building No.20, Bangalore 560 020. (By Sri Sk, Adv.) V/S. Respondent : State by NCB (By Spl.Public Prosecutor) O R D E R The present petition U/Sec.439 of Cr.P.C., is filed by the petitioner to enlarge him on bail, in Cr.No.48/1/31/2022/BZU of NCB., registered for the offences punishable U/Sec.20(b)(ii) (A), 27, 27(A), 28 and 29 of N.D.P.S. Act.

2. The prevalent grounds urged seeking bail:­

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. He is having no criminal antecedents and is permanent resident in the address as shown in the cause title. Petitioner is a married person having wife and small children and they are entirely depending on him for their livelihood. He has not booked any parcel. Ganja seized is small quantity. 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 on 24.12.2022 basing on the credible CCH­33 Crl.Misc.12838/2022 information parcel bearing article No.CH 176922268 was lying at Foreign Post office, Chamarajpet, which was intercepted it was containing 525 grams of ganja. The parcel is addressed to the present petitioner. He was summoned by IO., NCB. His statement came to be recorded. In his statement he has stated that he has booked the parcel. There are sufficient materials available against the petitioner. The said offence is punishable with rigorous imprisonment. In the event of his release he may tamper with the prosecution witnesses. Incriminatory articles were seized. 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 NCB, Bangalore has put the

criminal law into motion. The gist of the allegation reads as here under:­ 7(a) On 24.12.2022, IO., NCB received credible information that a parcel bearing No.CH 176922268 US is laying at Foreign Post, Office, Chamarajpet, Bangalore is suspected to be containing narcotic drugs i.e., ganja. As per the information the NCB team reached the spot and inspected the the parcel and seized 525 grams of ganja from the said parcel. The seizure mahazar was drawn on spot. A follow up CCH­33 Crl.Misc.12838/2022 action was taken up to apprehend the receiver of the said drug parcel and in this connection accused was arrested by the officers of NCB., Bangalore. In his statement he has stated that he has booked the parcel. Basing on the statement of accused he was arrested and prosecuted in the afore said case. He is produced before the court and remanded to judicial custody.

8. The learned counsel for petitioner vehemently argues

that small quantity of ganja alleged to have been seized from the parcel. There is no role of present petitioner in booking the parcel. In the event of grant of bail he is ready to offer solvent surety for his appearance before the court.

9. On the other hand, prosecution contend that the IO

has seized contraband i.e., 525 grams of ganja from the parcel and petitioner is the receiver of the same. He has committed heinous offence. There are prima­facie material available against him. If he is released on bail he may abscond and hamper the investigation.

10. On careful analysis of rival contentions and the

prosecution papers available on record the investigating agency seized 525 grams of ganja under the seizure panchanama. The petitioner is in judicial custody since the date of his arrest. The investigation is in progress accused is in judicial custody. The incriminatory substance is already seized. The forensic report about the narcotic substance is yet to be received. At this stage the quantity of ganja seized is a small quantity. As per Sec.20(a) the offence alleged against the petitioner is punishable with rigorous imprisonment for a term which shall extend upto 1 year and fine. 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 drug­ganja 1000 grams is small quantity and 20 Kgs., is commercial quantity. In this case the quantum of ganja seized is 525 grams which is small 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: CCH­33 Crl.Misc.12838/2022 Ss.37 and 20 – Bail – grant of – non commercial quantity – quantity involved being only 14 Kgs., of ganja, which is a non commercial quantity appellant accused not involved in any other case – in above circumstances, held, appellant should be released on bail, pending trial – 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 small 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 525 grams of ganja. If he is released on bail by imposing stringent conditions, it would not in any way hamper the trial and the case. Further custodial detention is not warranted. As per the information provided by the petitioner he is permanently residing in the address shown in the cause title. In the result, I answer the point for consideration in the affirmative.

12. 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.50,000/­ with one surety for the like sum with following conditions.

1. He shall not leave the jurisdiction of this court without prior permission.

2. He shall not tamper the witness or abscond.

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

4. He shall furnish his photo ID proof and photo ID proof of his sureties.

5. 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 4th day of January 2023]. (B. S. JAYASHREE) XXXIII ACC & SJ & SPL.JUDGE, (NDPS) : BENGALURU.