Crl.Misc. No.530/2023
1
In the Court of the XXXIV Additional City Civil and Sessions Judge and
Special Judge, (NDPS), Bengaluru
Dated this the 21 st day of January, 2023
Present :Sri. G.Raghavendra, B.Sc., LL.B.,
XXXIV Addl. City Civil & Sessions Judge and
Special Judge, (NDPS),
Bengaluru.
Crl.Misc. No.530/2023
Petitioner:
Pradeep .N,
S/o Late Narayanaswamy,
Aged about 25 years,
R/at Near Madduramma Temple,
Singanahalli Village,
Jalige Panchayat,
Vishwanathapura (P.S),
Devanahalli Taluk,
Bengaluru Rural District,
Presently R/at:
Madanayakanahalli,
Nelamangala,
Bengaluru Rural District.
(Accused No.1)
(By Sri.Prathap Yadav .R, Advocate)
Respondent:
The State of Karnataka
by Baiappanahalli Railway Police Station,
Bengaluru.
(By Public Prosecutor)
ORDER
1)
This Criminal Miscellaneous Petition under Section 439 of
Code of Criminal Procedure, 1973 (‘Cr.P.C.’ for short) is filed by
Crl.Misc. No.530/2023
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petitioner / Accused No.1 to enlarge him on bail in Crime No.02/2023
registered by Respondent – Byappanahalli Railway Police, Bengaluru
City, for the offences punishable under Section 20(b) of Narcotic Drugs
and Psychotropic Substances Act,1985 (‘NDPS Act’ for short).
2)
Learned Public Prosecutor has filed objection to this criminal
miscellaneous petition.
3)
Heard the Counsel for petitioner and learned Public
Prosecutor.
4)
On the basis of contents of the petition, contentions taken in
the objection filed to this application and on the submission of both the
Counsel for petitioner and learned Public Prosecutor, the following points
arise for my consideration:
Point No.1: Whether petitioner / Accused No.1 is entitled for bail as
prayed ?
Point No.2: What Order?
5)
My answer to the above points are as under:
Point No.1: In the Affirmative.
Point No.2: As per the final order for the following:
REASONS
6)
Point No.1: The Informant/complainant – Sri. Nagaraj, Police
Sub-Inspector, (Traffic Section) Baiappanahalli Railway police station,
when he was on traffic duty he received a phone call from Mallikarjuna,
HC 69, that at 8.00 am., near outer signal between the SMVT and
Baiyappanahalli Railway station a person carrying a shoulder bag got
Crl.Misc. No.530/2023
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down from train No.12254, Bagalpur to Anga Express which was running
slowly and they intercepted him and on enquiry he has stated that, he is
having possession of prohibited ganja. Thereafter, complainant went to
spot and enquired accused No.1 and informed and obtained permission
from Police Superintendent, Railway Sub Division, Bengaluru. After the
search of shoulder bag of accused No.1 complainant found and seized 1
kg 700 grams of wet ganja including leaves, flowers, seeds and twigs.
7)
In specification of the small and commercial quantity of
Narcotic Drug or Psychotropic Substance, SO 1055 (E), dated
19.10.2021 as amended, issued by the Central Government at Serial
No.55, 1000 grams of ganja is specified as small quantity and 20 kg of
ganja is specified as commercial quantity. The ganja recovered in this
case from accused No.1 is 1 kg 700 grams, which is between small and
commercial quantity.
8)
Section 37 of NDPS Act, mandates that no person accused
of an offence punishable for offences under Section 19 or Section 24 or
Section 27 and also for offences involving commercial quantity shall be
released on bail, unless the court satisfied that there are reasonable
grounds for believing that accused is/are not guilty of such offences and
that accused is/are not likely to commit any offences while on bail. The
offences alleged against the accused in this case is not under Section 19
or Section 24 or Section 27 and not involving commercial quantity. Hence
rigor of Section 37 of NDPS Act while deciding this criminal miscellaneous
petition is not applicable.
9)
The offence alleged against the accused under Section 20(b)
of NDPS Act, is punishable with rigorous imprisonment for term which
may extend to 10 years. The offence alleged against the accused are not
Crl.Misc. No.530/2023
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punishable with death or imprisonment for life.
10)
Section 37(2) of NDPS Act, reads as under:
“37.

Offences to be cognizable and non-bailable
(1)
xxxx xxx
(2)
The limitations on granting of bail specified in clause (b)
of sub-section (1) are in addition to the limitations under the
Code of Criminal Procedure, 1973(2 of 1974) or any other law
for the time being in force, on granting of bail.”
11)
As per the above Section 37(2) of NDPS Act, while deciding
the bail application for offences except the offences punishable under
Section 19 or Section 24 or Section 27A and also for offences involving
commercial quantity, Section 437(1) (ii) and Section 437 (3) are
applicable.
12)
under:
Section 437(1) (i) & (ii) & Section 437(3) of Cr.P.C., reads as
“437. When bail may be taken in case of non-bailable
offence.- (1) When any person accused of, or suspected of,
the commission of any non-bailable offence is arrested or
detained without warrant by an officer in charge of a police
station or appears or is brought before a Court other than the
High Court or Court of Session, he may be released on bail,
but—
(i) such person shall not be so released if there appear
reasonable grounds for believing that he has been guilty of an
offence punishable with death or imprisonment for life;
(ii) such person shall not be so released if such offence is a
cognizable offence and he had been previously convicted of
an offence punishable with death, imprisonment for life or
Crl.Misc. No.530/2023
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imprisonment for seven years or more, or he had been
previously convicted on two or more occasions of a
cognizable offence punishable with imprisonment for three
years or more but not less than seven years;
…………………………………………………………………………….
(3) When a person accused or suspected of the commission
of an offence punishable with imprisonment which may
extend to seven years or more or of an offence under Chapter
VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45
of 1860) or abetment of, or conspiracy or attempt to commit,
any such offence, is released on bail under Sub-Section (1)
the Court shall impose the conditions—
(a)
that such person shall attend in accordance with
the conditions of the bond executed under this Chapter,
(b)
that such person shall not commit an offence
similar to the offence of which he is accused, or suspected, of
the commission of which he is suspected, and
(c)
that such person shall not directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to any police officer
or tamper with the evidence.
and may also impose, in the interests of justice, such other
conditions
as
it
considers
necessary.”
13)
The prosecution in the objection filed to this criminal
miscellaneous petition has contended that if accused No.1 is released on
bail, he may commit the similar offences, interfere in the investigation,
tamper the prosecution witnesses and may not appear before the court.
The prosecution has not objected the bail application on the reason that
accused No.1 is involved in similar offences or in any other case. I am of
Crl.Misc. No.530/2023
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the opinion that the objections of prosecution can be met with by
imposing conditions as stated in Section 437(3) of Cr.P.C.
In view of the discussion, I made above, I answer point No.1 in the
Affirmative.
14)
Point No.2:- In view of the answer, I arrived to point No.1, I
proceed to pass the following:Order
The Criminal Miscellaneous Petition under Section 439 of Code of
Criminal Procedure, 1973 filed by petitioner / Accused No.1 is allowed.
The petitioner / accused No.1 is enlarged on bail on execution of
personal bond of Rs.50,000/- (Rupees Fifty Thousand), along with one
surety for the like sum in Crime No.02/2023 registered by Bayappanahalli
Railway Police Station, Bangalore, for the offences punishable under
Section 20(b) of Narcotic Drugs and Psychotropic Substances Act,1985,
on the following conditions:
(1)
The Petitioner shall not tamper the witness or abscond.

(2)
The Petitioner shall co-operate with Investigation Officer
(IO) for investigation.

(3)
The Petitioner shall appear before the IO whenever required
for the purpose of investigation.

(4)
The Petitioner shall regularly appear before the court.

(5)
The Petitioner shall not commit any offences similar to the
offences of which he is accused.

(6)
Breach of any of the conditions by the Petitioner would entail
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cancellation of bail.
(Dictated to the Judgment Writer directly on computer, transcribed and typed by him,
corrected, signed and pronounced in the open court on this the 21st day of January,
2023).

RAGHAVENDRA
G
Digitally signed by
RAGHAVENDRA G
Date: 2023.01.23 10:22:52 +0530
(G. Raghavendra)
XXXIV Addl. City Civil & Sessions Judge
& Special Judge (NDPS), Bengaluru.