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 14th DAY OF September 2022
Crl.Misc.No.8785/2022
Petitioner :
(accused No.1)
Pritam Mukhiya, S/o.Akaljeet,
46 years, No.62, 1, Bandiganahalli,
Mandur, Bengaluru 560 049.
(By Sri Babajan Adv.)
V/S.

Respondent :
State by SHO, Channarayapatna PS
Bengaluru
(By Public Prosecutor)
ORDER
The present petition is filed by the petitioner U/s.439 of
Cr.P.C.,
to
enlarge
him
on
bail,
in
Cr.No.72/2022
of
Channarayapatna PS., registered for the offence punishable
U/Sec.8(c), 20(b) of NDPS Act.

2
2. The grounds urged by the petitioner for grant of bail
are as under:
That the petitioner claims to be innocent of commission
of offence.

He is totally stranger in the case.

falsely implanted in the case.

He has been
At no point of time he has
possessed ganja. The allegation of apprehension of petitioner
and seizure of ganja from his conscious possession is a
fabricated story of investigating agency.

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. His further custodial
interrogation is not warranted.

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 entertain his bail plea.
3. The objection raised by the prosecution is that
Channarayapatna
Police
have
apprehended
the
present
petitioner and other accused and seized 800 Grams of Ganja
CCH­33
Crl.Misc.No.8785 /2022
3
Plant (with leaf, flower and seed)
and 600 Grams of Ganja.

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
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
satisfactory grounds to entertain his bail
petition?
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:­
Sri N S Veerandra Prasad, Circle
Inspector of Vijayapura circle and Devanahalli East is the
complainant in the case.

On 10.8.2022 the PSI., of
Channarayapatna has registered the case against the accused
in Cr.No.72/2022 for the offences punishable U/s.8(C), 20(B),
of NDPS Act. The raiding officer is the CPI of Vijayapura. The
allegations in the complaint is on 10.8.2022 at about 10.00
am., when the Inspector of Police was discharging the duties in
the station received credible information about illicit sale of
contraband at Mandur road, Hittarahalli Gate, Boodigere. He
on receipt of the information, immediately informed the matter
to higher officer and obtained permission to conduct raid. He
has been to the spot along with spot and panchas around 1.10
pm., and has mounted surveillance in the spot. The suspected
persons they were three in numbers moving suspiciously in
the spot. When they were surrounded and enquired they have
stated that they are in possession of ganja, 67 small plastic
covers containing ganja was found. Each packet was weighing
800 grams. The entire quantum of ganja in the possession of
CCH­33
Crl.Misc.No.8785 /2022
5
the said suspected persons were seized. On weighing the same
it was found to be 3 Kgs., 350 grams. A detail mahazar was
drawn in the spot.

The accused persons were arrested,
brought to police station. They were produced before the court
and remanded to judicial custody.

The present petitioner is
accused No.1 in the case.

9. The main contention raised by the prosecution is that
the petitioner herein was found in possession of contraband.
The accused hails from different States. In the event of grant
of bail he may abscond. It is also urged in the application that
accused No.3 who is the resident of West Bengal had
purchased
ganja
from
lakkandar.

For
the
purpose
of
investigation the accused No.1 has to be taken to Lakkandar
village. Further investigation has to be conducted in regard to
storage of ganja in the house of accused No.1. In the event of
grant of bail he may abscond and hamper the investigation
and trial.
10.

The present petitioner is found in possession of
ganja to the tune of 2 Kgs., 600 grams. The ganja seized is
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ganja leaves, flowers and seeds.

From accused No.1 and 3
ganja seized to the tune of 750 grams. The petitioner herein
along with other accused was arrested on 11.8.2022.
major portion of the investigation is concluded.
voluntary statement is recorded.
article is already seized.
commercial
quantity
of
The
There
Further the incriminatory
As per specification of small and
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 3 Kgs., 350 grams of ganja is an intermediate
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:
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.

CCH­33
Crl.Misc.No.8785 /2022
7
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 3 Kgs., 350 grams of ganja which is an
intermediate
quantity.

When
the
quantity
is
less
than
commercial quantity, rigors of Sec.20(b) 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.
12.

The major portion of investigation in the case is
concluded as the incriminatory article is already seized from
accused.

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

His
Voluntary
statement is already recorded. As per the information provided
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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 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.

with
I.O
for
9
CCH­33
Crl.Misc.No.8785 /2022
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.

[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 14th day of September 2022)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.