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 7th DAY OF JANUARY 2023
Crl.Misc.No.32/2023
Petitioner :
(accused No.1)
Korada Sai Amaranath, S/o.Late
Korada V V Sathyanarayana, 25
years, No.15/2, Sathavahana Nagar,
Sri Ramnagar, kurmannapalem,
Duvvada, Vishakapatnam, Andhra
Pradesh.
(By Sri ATN, Adv.)
V/S.
Respondent :
State by Banaswadi PS
(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.591/2022 of
Banaswadi
PS.,
registered
U/Sec.8(c), 20(b) of NDPS Act.
for
the
offence
punishable
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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. The procedure contemplated under N.D.P.S.
Act not followed while recovery. The contraband seized is not
commercial quantity. The petitioner is permanent resident of
the address shown 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 220 grams of weed oil which
is a commercial quantity. There are sufficient material
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
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Crl.Misc.No.31/2023
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 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 the arguments of both sides and perused the
records.
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:
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REASONS
7. POINT NO.1: The PSI, of Banaswadi PS., Bangalore
has presented the complaint before the SHO. The gist of the
allegation reads as here under:
On 19/12/2022 at 3.30 pm., when the complainant was
on patrolling duty he has received credible information that at
Kammanahalli main road, near Sukh Sagar Hotel besides
public road some person is selling contraband to the public. If
he go to the said place the said suspect would be apprehended.
On
confirming
about
the
information
he
along
with
investigation tools had been to the spot at 3.35 pm. He has
seen a person standing there holding a cover and he is selling
some contraband to the public.
The said suspected person
was showing the contents of the packet to the public and the
public are not showing any inclination to purchase the said
article. The complainant PSI has sent a Decoy PC to the said
suspected person to confirm about the presence of contraband
in his bag. Decoy has confirmed that the suspect is carrying
weed oil.
Thereafter, the said person was surrounded.
On
enquiry he has stated that his name is Korada Sai Amaranath
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5
S/o.Late Korada V V Sathyanarayana and he is the native of
Vishakapatnam Andhra Pradesh. During personal search of
accused from his pant pocket one plastic bottle was found
containing black colour weed oil. The PSI has ascertained that
the said article is weed oil by looking at its colour and smell.
The said weed oil is weighed.
The weight came around 220
grams. A detail mahazar is drawn. Thereafter, a detail report
is prepared by him and submitted to the SHO. Basing on the
said report, a case in Cr.591/2022 is registered against the
accused U/s.8(c), 20(B)(a) of NDPS Act.
He is arrested,
produced before the court and remanded to Judicial Custody.
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 residents 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.
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9. It is argued by the prosecution that the petitioner has
committed heinous offence 220 grams of weed oil
is seized
from the petitioner. The offence punishable with imprisonment
upto 10 years and with fine. There are primafacie material
available against them.
10.
On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on
19/12/2022
complainant
has
conducted
raid
and
apprehended accused. On looking to the seizure panchanama
the drugs seized from petitioner herein is weighing 220 grams
of weed oil. 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.53 the narcotic drug
Hashish/weed oil 100 grams is small quantity and 1 Kg., is
commercial quantity.
In this case the quantum of weed oil
seized is 220 grams of weed oil is an intermediate quantity. As
per the decision of Hon’ble Apex Court reported in 2018 11
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7
SCC 488 Birbal Prasad Vs., State of Bihar wherein it is held
that:
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 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 220 grams of weed oil 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.
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12. 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 protract the trial could be
compensated by imposing stringent 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
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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
hearing dates.
8.
Breach of any of the conditions by the
petitioner would entail cancellation of
bail.
with
I.O
for
[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 7th day of JANUARY 2023)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.