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 JANUARY 2023
Crl.Misc.No.68/2023
Petitioner :
Rakesh Pegu, S/o.Adhikar Pegu, 25
years, Soukudi Sopan (V), Bagur
(PO), Dergoan (PS), Golaghat, Assam
781 318.
(By Sri GP, Adv.)
V/S.

Respondent :
State by Byappanahalli Railway 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.29/2022 of
Byappanahalli
Railway
PS.,
registered
for
the
punishable U/Sec.20(b) of NDPS Act.
2. The prevalent grounds urged seeking bail:­
offence
2
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 1 Kg., 450 grams of ganja
which is an intermediate 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
shall also be liable to fine. The investigation is pending. In the
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CCH­33
Crl.Misc.No.68/2023
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:
4
REASONS
7. POINT NO.1:­ The PSI, of Byappanahalli Railway PS.,
Bangalore has presented the complaint before the SHO. The
gist of the allegation reads as here under:­
On 27.02.2022, when the complainant PSI of Railway
police along with his staff were discharging their duty in
Sir.M.Visweshwaraiah Railway Station, Flat Form No.3 around
2­30 pm, one person was found sitting on the stone bench
carrying black colour bag and on looking at the police, he was
panic and made an attempt to run away from the spot by
leaving the bag.

He was chased and caught, on enquiry he
was revealed his name as Rakesh Pegu S/o Adhikar Pegu and
he hails from Golaghat District, Assam.

When he was
questioned about the contents of the bag, he has stated that
he is in possession of Ganja. When the bag was checked,
Ganja was found
in the bag and when it was weighed the
weight came around 1 Kg., 450 grams. A detail mahazar has
been drawn in the spot.

Thereafter, the complainant has
prepared a detail report and submitted to the SHO. Basing on
the said report, a case in Cr.29/2022 is registered against the
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Crl.Misc.No.68/2023
accused punishable under section U/s.20(B) 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.

9. It is argued by the prosecution that the petitioner has
committed heinous offence 1 Kg., 450 grams
of
ganja
is
seized from the petitioner. 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, it is evident that on
6
27/12/2022
complainant
has
conducted
raid
and
apprehended accused. On looking to the seizure panchanama
the drugs seized from petitioner herein is weighing 1 Kg., 450
grams of ganja. 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.55 the narcotic drug­
ganja 1000 grams is small quantity and 20 Kgs., is commercial
quantity. In this case the quantum of ganja seized is 1 Kg.,
450 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.

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
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Crl.Misc.No.68/2023
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 1 Kg., 450 grams of ganja
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.
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.

8
Point No.2:­
13.

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.

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
with
I.O
for
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CCH­33
Crl.Misc.No.68/2023
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 JANUARY 2023)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.