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 8th DAY OF September 2022
Crl.Misc.No.8497/2022
Petitioner :
(accused No.2)
Rambahadur Bist, S/o.Mane Bista,
31 years, Sai Taja Serin apts,
Devasandra Main road, Alfa Gar, 7th
Cross, Ayyappanagar, Bengaluru
North 560 036.
(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. The grounds urged by the petitioner for grant of bail
are as under:
2
That
the
petitioner
commission of offence.

claims
to
be
innocent
of
He is totally stranger in the case.

He has been falsely implanted in the case. 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. He is working at City Market and residing at Bangalore.
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.
earner of his family.

He is the sole bread
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 3 Kgs., 350 grams
of ganja.

The offence alleged against the petitioner is
CCH­33
Crl.Misc.No.8364/2022
3
punishable with rigorous imprisonment for a term which
shall extend upto 10 years. There is a primafacie case
available against the petitioner.
dealer.

He is an habitual drug
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:
REASONS
7. POINT NO.1:­ The petitioner herein is prosecuted in
Cr.No.72/2022 for the offences U/s.20(B), 8(C) of NDPS Act
along with accused Nos.1 and 3.

4
8.

The allegations in the prosecution papers reveals
that the petitioner along with accused Nos.1 and 3 was in
conscious possession of Rs.3 Kgs., 350 grams of ganja. The
complainant PI., has apprehended the petitioner and
accused Nos.1 and 3 on 10.8.2022.

The complainant PI.,
has received credible information about sale of ganja at
Mandur road, Hittarahalli gate by some unknown three
persons when he was in his office at 10.00 am. On receipt
of information he has made an arrangement to conduct raid.
A team was arranged. He also informed his higher officer,
sought permission to conduct raid. He along with staff and
panchas had been to the spot around 1.10 pm., when he
had mounted surveillance in the spot he has seen three
persons coming there holding plastic cover and a bag and
they were talking to passerby and their movement found
suspicious.

When he has questioned them about the
contents of the bag and their credentials they have stated
their names and identity. The contents of the bag said to be
ganja. The ganja leaves, flowers and seeds were found in
the bag.

There were 67 plastic covers in the hands of
accused Nos.1 and 3 and in the hands of accused No.1
CCH­33
Crl.Misc.No.8364/2022
5
particularly in the hand bag there is ganja leaves.

The
entire quantum of ganja was weighed in a weighing machine
it was found to be 3 Kgs., 350 grams. The contraband was
seized under a detail mahazar. The accused Nos.1 to 3 were
arrested and were remanded to judicial custody. Petitioner
is the accused No.2 in the case.

Accused No.1, present
petitioner and accused No.3 are the residents of West
Bengal, Nepal.
9. The main contention raised by the prosecution is
that the petitioner herein was found in possession of
contraband.

They hails from different States. Accused
No.2/present petitioner is the native of Nepal. In the event
of grant of bail he may abscond.

It is also urged in the
application that accused No.1 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.

6
10. The present petitioner is found in possession of
ganja to the tune of 2 Kgs., 600 grams. The ganja seized is
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. the
major portion of the investigation is concluded.

There
voluntary statement is recorded. Further the incriminatory
article is already seized. 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 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.8364/2022
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 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
8
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
executing
personal
is
enlarged
bond
for
on
a
bail
on
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.

with
I.O
for
9
8.

CCH­33
Crl.Misc.No.8364/2022
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 8th day of September 2022)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.