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 27 th DAY OF JUNE 2022
Crl.Misc.No.6070/2022
Petitioner :
(accused No.2)
Sadiq @ Mota Nalda Sadiq @ Phatta
Nalda Sadiq, S/o Mehaboobs, aged
about 35 years, R/at Near Dargha,
Farooqiya Nagar, J.J Nagar,
bengaluru
(By Sri E.N ., Adv.)
V/S.
Respondent :
State by J.J Nagar PS
(By Public Prosecutor)
OR D E R
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.178/2020 of J.J Nagar PS., registered for the
offence punishable U/Sec. 20(B) of NDPS Act.
2. The grounds urged by the petitioner for grant of bail
are as under:
2
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.
Complainant has shown this petitioner as accused No.2 in
the aforesaid crime. Respondent police have clearly stated
that they have seized 1 Kg., 58 grams of ganja from the
accused No.1. There was no disclosure of the name of the
petitioner in the prosecution papers. The respondent police
are frequently visiting the house of the petitioner in his
absence to arrest him.
His name is shown as absconding
accused in the above case.
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 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
grant bail.
3. The objection raised by the prosecution is that the
investigating agency has in all seized 1 Kgs., 58 grams of
CCH-33
Crl.Misc.No.6070/2022
3
ganja from the possession of the accused. The accused is
found to be in possession of narcotic substance. 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 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
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:
4
REASONS
7. POINT NO.1:- A report submitted by PSI., who is the
complainant in this case before the J.J Nagar PS.
The
contents of the report is here under:On
05.09.2020,
at
about
8.30
AM.,
when
the
complainant was in the station he has received credible
information from his informant that in Muslim Burial
ground situated near 1st cross, 1st main, Padarayanapura, a
person is selling ganja to customers.
On receipt of the
information he has informed to his higher officer, obtained
permission and thereafter, they along with his staff and
panchas has been to the spot and found the suspected
person. They surrounded and apprehended him.
On
enquiry he has revealed that he has purchased 1 Kg., 100
grams of ganja from accused No.2.
On search of accused
No.1 they seized 1 Kg., 58 grams of ganja. A detail seizure
panchanama was drawn.
Thereafter, he has prepared a
detail report and submitted before the SHO, which is the
basis
to
register
the
case
against
the
accused
in
Cr.No.178/2020 for the offence punishable U/s.20(B) of
NDPS Act.
On conclusion of investigation, investigating
CCH-33
Crl.Misc.No.6070/2022
5
agency has filed charge sheet against the accused No.1 and
present petitioner is shown as absconding.
8.
The petitioner contends that he has been falsely
implanted in the case. The quantum of Ganja seized from
accused No.1 is 1 Kgs., 58 grams
is an intermediate
quantity. It is contended by the learned counsel for the
petitioner that basing on the statement of accused No.1, the
investigating agency is trying to apprehend the present
petitioner. From accused No.1 contraband is seized. The
present petitioner is in no way way connected to the crime.
In the event of grant of bail he is ready to offer solvent
surety.
9. The prosecution contends that petitioner herein is
a
habitual
offender. The
offence
alleged
against
the
petitioner is publishable U/Sec. 20(B) of N.D.P.S. Act which
is publishable with imprisonment upto 10 years and fine.
There
are
sufficient
materials
available
against
the
petitioner attracting 20(B) of the Act. In the event of grant of
bail he would abscond and hamper the investigation.
10. On collective scrutiny of the rival contentions, the
A1 was in possession of 1 Kgs., 58 grams of Ganja. In the
6
report of complainant PI, it is alleged that A1 used to
purchase ganja from the present petitioner and sell the
prohibited narcotic drug. 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 is 1 Kgs., 58 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., 58 grams of Ganja
which is an intermediate quantity.
11.
The petitioner herein is not having previous
criminal antecedents. The major portion of investigation in
the case is concluded as the incriminatory article is already
seized.
The offence alleged against the petitioner is not
punishable with death or imprisonment for life. Custodial
interrogation is not warranted. As per the information
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Crl.Misc.No.6070/2022
7
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.
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 their arrest in
Cr.No178/2020 of J.J.Nagar Police Station for the
offences punishable U/s.20B 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:
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
8
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.
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 27th day of June 2022]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*