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 13th DAY OF DECEMBER 2022
Crl.Misc.No 11906/2022
Petitioner :
(accused No.4)
Nithin.C.M, S/o.Manjegowda.C.R,
a/a 24 years, R/at 12th Cross, 2nd
Main, RPC Layout, Bengaluru North,
Vijayanagara, Bengaluru­560040
(By Sri.Srinivas.C . Adv.)
V/S.

Respondent :
State by Kempapura Agrahara PS
Bangalore.
(By Public Prosecutor)
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.153/2022 of Kempapura Agrahara
PS.,
registered for the offence punishable U/Sec. 20(b)(ii)(b) of
NDPS Act and 25­1(B)(b) of Arms act, 34 of IPC.

2
2. The grounds urged by the petitioner for grant of bail
are as under:
That the petitioner is 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
having deep roots in the society. Accused No.1 is already
arrested and recovery of 1 kg., 50 grams of ganja is made.
Only on the say of accused No.1, the petitioner herein has
been falsely implanted in the case. He has been shown as
involved in the crime in the investigation papers but there is
no material against the present petitioner. He has no nexus
with the other accused of the case. Hence, sought to grant
bail.
3. The objection raised by the prosecution is that the
investigating agency has in all seized 1 Kg., 50 grams of
ganja from the possession of the accused No.1. A detailed
mahazar is drawn in the spot. 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
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CCH­33
Crl.Misc.No.11906/2022
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 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
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:
REASONS
7. POINT NO.1:­ The PSI., K P Agrahara PS presented
a report which is the basis to register the case against the
present petitioner and other accused in Cr.No.153/2022 for
the offences punishable U/s.20(B)(ii)(b) of NDPS Act. As per
the details of the report, when the PSI., K P Agrahara PS
4
was in his office has received a credible information on
24.09.2022 when the complainant was in the station he has
received credible information that some 3­4 persons along
with rowdy sheeters Sagar @ Chinnu armed with deadly
weapons have assembled in one place at Telecom Layout,
Ambedkar Layout, Ward No.124, Park Road, Bangalore.
The complainant had informed the matter to panchas. He
along with panchas and staff had been to the spot around
3.00 pm., mounted surveillance in the spot.

Some 3­4
persons along with rowdy sheeter Sagar @ Chinnu were
standing around an auto rickshaw where Sagar @ Chinnu
was sitting inside the auto.

When the complainant along
with staff surrounded them, one person ran away from the
spot. The remaining persons have showed weapons. They
have revealed their names and addresses. The person who
ran away from the spot is one Nithin. The weapons which
were found in the vehicle was seized. In that ganja packet
was also found. The gazetted officer was called to the spot.
The ganja was weighed in his presence. It was weighing 1
Kg., 108 grams. The weapons was seized. Ganja was also
seized under the mahazar.

A detail report was prepared.

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CCH­33
Crl.Misc.No.11906/2022
Accused Nos.1 to 3 were arrested. A case in Cr.No.153/2022
registered against accused Nos.1 to 4 for the offences
punishable U./s,20(b)(ii)(B) of NDPS Act and Arms Sec.34 of
IPC. The present petitioner is accused No.4 in the case.
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.
9. It is argued by the prosecution that the petitioner
has committed heinous offence. 1 Kg 50 Grams of ganja is
seized from the accused No.1. The offence punishable with
imprisonment upto 10 years and with fine. There are prima­
facie material available against them.

10. On careful analysis of rival contentions and the
prosecution papers available on record, the investigating
agency seized 1 Kg., 50 grams of ganja under the seizure
6
panchanama from accused No.1. During interrogation
accused No.1 has stated that the present petitioner is
involved in the crime.

But, at this stage the investigating
agency has failed to place any material before this court to
show that the present petitioner is doing drug trafficking.
Further the narcotic substance seized in the case is 1 Kg.,
50 grams of Ganja seized from accused No.1.

As per
notification 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 1 Kg.,
50 grams of Ganja which is an intermediate quantity.

11.

Incriminatory article is already seized from
accused No.1. The offence alleged against the petitioner is
not punishable with death or imprisonment for life.
Custodial interrogation of petitioner 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
CCH­33
Crl.Misc.No.11906/2022
7
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.
12. 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.153/2022 of Kempapura Agrahara
Police
Station for the offences punishable U/s.20(B)(ii)(b),
27A of NDPS Act, on executing personal bond for a
sum of Rs.1,00,000/­ 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.

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.

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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 13th day of December 2022]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*
CCH­33
Crl.Misc.No.11906/2022
9
Order/Judgment pronounced
in open court (vide separate
Order)
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.153/2022 of Kempapura Agrahara
Police
Station for the offences punishable U/s.20(B)(ii)(b),
27A of NDPS Act, on executing personal bond for a
sum of Rs.1,00,000/­ with two sureties for the
like sum with following conditions:­
4.

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.

5.

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.

6.

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.

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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 13th day of December, 2022)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.