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 21st DAY OF MARCH 2024
Crl.Misc.No.2762/2024
Petitioner :
(accused No.1)
Sadul Aslam, S/o.Mokaddas Ali, 26
years, No.10, PMM Residency, SGS
layout, 3rd Main, Kothanur road, JP
Nagar, 8th Stage, JP Nagar,
Bangalore.
Native place at Debasthan VTC,
Debasthan PO Debasthan Sub­dist,
Doboka District, Nagona Assam
782481.
(By Sri NAT, Adv.)
V/S.

Respondent :
State by Beguru 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.71/2024 of
Beguru
PS,
registered
for
U/Sec.20(b)(ii)(c) of NDPS Act.

the
offence
punishable
2
2. The prevalent grounds urged seeking bail:­
That the petitioner is 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 2 Kgs., 270 grams of
ganja. 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 event
3
CCH­33
Crl.Misc.No.2762/2024
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 Beguru
PS., Bangalore
has presented the complaint before the SHO. The gist of the
allegation reads as here under:­
On
6.3.2024
complainant
was
at
on
about
11.30
patrolling
am.,
duty
when
they
the
received
information from an informant that in a vacant space
opposite to RTO, Chetana Layout, Devarachikkanahalli a
person is selling ganja to the public.

Thereafter, he has
informed the matter to the higher officer and obtained
permission to conduct raid. He has secured the panchas, he
along with panchas and staff went to the spot, the informant
showed the suspect. They apprehended him and on enquiry
he has revealed his name and address. On further probing
he has stated that he is carrying ganja. The said ganja was
seized and on weighing it came around 2 Kgs., 270
grams.

A detail mahazar is drawn and incriminatory ganja is seized.
He returned to the police station and submitted a detail
report. Basing on the said report registered a case in
Cr.No.71/2024 is registered against unknown person for the
offence punishable U/s.20(b)(ii)(c) of NDPS Act. The accused
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CCH­33
Crl.Misc.No.2762/2024
was 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 search
and seizure 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 2 Kgs., 270
grams of ganja
is seized from the petitioner. The offence punishable with
imprisonment upto 10 years and with fine. There are
primafacie material available against them.
10. On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on
6.3.2024 complainant has conducted raid and apprehended
accused. On looking to the seizure panchanama the drugs
seized from petitioner herein is weighing 2 Kgs., 270 grams
6
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
drug­ganja 1000 grams is small quantity and 20 Kgs., is
commercial quantity. In this case the quantum of ganja
seized is 2 Kgs., 270
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 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 2 Kgs., 270
grams of
CCH­33
Crl.Misc.No.2762/2024
7
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.

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
8
Rs.1,00,000/­ with one surety 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 bail.

with
I.O
for
[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 21st day of March 2024)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.