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 15th DAY OF DECEMBER 2022
Crl.Misc.No.11978/2022
Petitioner :
(accused No.2)
Nawazulla S/o.Rehamathulla, a/a 29
years, R/at No.15, 1st Main, 2nd
Cross, Tippunagara, Chamrajapete,
Bengaluru­560046
(By Sri.Siddalingappa.S.G. Adv.)
V/S.

Respondent :
State by Govindarajanagar PS
(By Public Prosecutor)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by the
petitioners to enlarge him on bail, in Crime No.161/2022 of
Govindarajanagar Police Station registered for the offences
punishable U/Section 20(B) of N.D.P.S. Act.

2
2. The grounds urged by the petitioner for grant of bail
are as under:
That the petitioner is very innocent and law abiding
citizen. He has not committed any offence much less the
offence as alleged. He has no knowledge of alleged crime and
falsely implanted at the instance of extraneous elements. He is
the only earning member of his family. The mandatory
provisions U/s.50 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
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 in all seized 20 Kgs., 400 grams of
ganja from the possession of the accused Nos.1 and 2. The
accused is found to be in possession of narcotic substance. A
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detailed mahazar is drawn in the spot.

CCH­33
Crl.Misc.No.11978/2022
Personal search is
conducted. 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
trial. Hence, sought to reject the bail plea 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 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 Govindarajnagar
put the criminal law into motion.

PS., has
The gist of the allegation
reads as here under:­
On 22.8.2022 at 4.00 pm., when the complainant was in
the station discharging his duty he has received credible
information that two persons are selling ganja in an auto
rickshaw at Prashanthanagar Vishnuvardhan Park, 10 th A
Cross, No.81, Opposite to Sundaram Nilaya, public road,
Bangalore. He has informed the Higher Officer and obtained
permission to conduct raid. He along with his staff and
panchas
went
to
the
spot
and
conducted
raid
and
apprehended 2 persons. On enquiry they have revealed their
names and addresses.

They are Sadaam Pasha S/o.syed
Ikbal, Nawazulla s/o.Rehamathulla. In the presence of Asst.
Commissioner of Police, personal search of accused and the
search of auto is conducted. During search of the auto in the
bag 5 Kgs., 125 grams of ganja, small plastic covers, empty
covers, one plastic hand bag was found.

The accused have
stated on enquiry that they have purchased ganja from one
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CCH­33
Crl.Misc.No.11978/2022
unknown person of Ramanagar for a sum of Rs.10,000/­ per
Kg., and are selling at the rate of Rs.50,000/­ per kg.
Thereafter, a detail seizure panchanama was drawn. A detail
report was prepared and submitted before SHO which is the
basis to register the case against the accused No.1 and 2 in
Cr.No.161/2022 of Govindarajanagar PS for the offence
punishable U/Sec.20(B) of N.D.P.S. Act. of NDPS Act. Accused
Nos.1 and 2 were arrested and produced before jurisdictional
Magistrate and were remanded to JC.
During interrogation accused No.1 has stated that he has
stored ganja in his house. On 23.8.2022 the complainant has
raided the house of accused No.1 and further seized 15 Kgs.,
275 grams of ganja. Now, the investigation is concluded and
charge sheet is filed.

The petitioner herein is in Judicial
Custody since from 22.8.2022.
8. On careful analysis of rival contentions and the
prosecution papers available on record, the investigating
agency seized 20 Kgs., 400 gram of ganja under the seizure
panchanama from the accused Nos.1 and 2.

As per
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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 20 Kgs., 400 grams which
is a commercial quantity.
9. It is pertinent to note that accused No.1 and 2 were
arrested near Vishnuvardan park Prasanthnagar, 10 th A cross
in a public road where they were alleged to be selling
contraband to the public.

They have also parked their auto
rickshaw in the said area. When they were intercepted they
were found in possession of 5 Kgs., 125 grams of ganja. The
said ganja was seized. During interrogation accused No.1 has
stated that he has stored ganja in his house. At the instance
of accused No.1 his house search is conducted. The house of
accused
No.1
is
situated
at
4 th
Padarayanapura Bangalore door No.24.

cross,
Argathnagar,
Accused No.1 has
produced the ganja packets from his house. When the said
ganja was weighed the weight of the ganja came around 15
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CCH­33
Crl.Misc.No.11978/2022
Kgs., 275 grams. The huge quantum of ganja to the tune of 15
Kgs., 275 grams is seized from the house of accused No.1. the
investigating agency has not collected any material to show
that accused No.2 has involved in procuring ganja to the tune
of 15 Kgs., 275 grams and has stored the same in the house of
accused No.1.

That apart the investigation in the case is
concluded and charge sheet is filed. The incriminatory articles
is already seized. As per the investigation papers on 22.8.2022
5 Kgs., 125 grams of ganja is seized from the joint possession
of accused No.1 and 2 but the seizure of 15 Kgs., 275 grams of
ganja is from the house of accused No.1.

10. 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:
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.

8
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. 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.
11.

The investigation in the case is concluded, charge
sheet is filed. The incriminatory article is already seized from
accused.

The offence alleged against the petitioner is not
punishable with death or imprisonment for life.
custodial
interrogation
is
not
warranted.

His
Further
Voluntary
statement is already recorded. 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
CCH­33
Crl.Misc.No.11978/2022
9
compensated by imposing stringent conditions. 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.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.

with
I.O
for
10
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.

[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 15th day of December 2022)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*