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 16th DAY OF SEPTEMBER 2022
Crl.Misc.No.8801/2022
Petitioners :
(accused No.1 & 2)
1. Satisha, S/o Nagarajaiah,
Aged about 27 years,
R/AT: Nagatihalli Village,
Huliyurudurga Hobli,
Kunigal Taluk, Tumkur District.
2. Harisha, S/o Late Kuntayya,
Aged about 35 years,
R/at: Singonahalli Village,
Huliyurudurga Hobli,
Kunigal Taluk, Tumkur District.
(By Sri Lokesh M.Y., Adv.)
V/S.
Respondent :
State by Byadarahalli P.S.,
Bengaluru.
(By Public Prosecutor)
2
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by the
petitioners
No.1
&
2
to
enlarge
them
on
bail,
in
Cr.No.426/2022 of Byadarahalli PS., registered for the offence
punishable U/Sec. 20(b) of NDPS Act.
2. The grounds urged by the petitioners for grant of bail
are as under:
That the petitioners are innocent and law abiding
citizens. They have not committed any offence much less the
offence as alleged. They have no knowledge of alleged crime
and falsely implanted at the instance of extraneous elements.
The mandatory provisions U/s.50 of NDPS Act has not been
complied. Though the alleged offence is non bailable, but is
neither punishable with imprisonment for life or death
sentence. There are no eye witnesses who speak about the sale
of alleged contraband. The petitioners are permanent residents
shown in the cause title. There is no question of absconding or
tampering the prosecution case. The petitioners are ready and
willing to abide by any conditions imposed by this court in the
CCH­33
Crl.Misc.No.8801/2022
3
event of grant of bail. They are ready to offer sureties for their
due
appearance
antecedents.

before
this
court.

They
have
no
bad
They have to look after their parents, who are
solely depending upon them for their livelihood. Hence, sought
to grant bail.

3. The objection raised by the prosecution is that the
investigating agency has in all seized 1 Kg., 850 grams of ganja
from the possession of the accused. The accused are 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 petitioners are punishable with rigorous
imprisonment for a term which shall extend upto =====10
years. There is a primafacie case available against the
petitioners. They are an habitual drug dealers.

In the event
of grant of bail, they would abscond and may hamper the
investigation.
petitioners.

Hence, sought to reject the bail plea of
4
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 petitioners No.1 & 2 have made
out sufficient grounds to enlarge them
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:
REASONS
7. POINT NO.1:­ A report submitted by PSI, ., who is the
complainant in this case before the Byadarahalli PS.

The
contents of the report is as here under:­
On
24.08.2022
at
about
11.00
a.m.,
when
the
complainant was discharging duties in the police station he
has received credible information that at Visweshwera Layout
vacant space, in front of KLE College, two persons were selling
contraband to the public in their motor bike. On receipt of the
5
CCH­33
Crl.Misc.No.8801/2022
information he has informed the ACP, obtained permission to
conduct the raid. He has also noted the information in writing
in the station house diary. He has called the panchas to the
spot. He along with staff, panchas and investigation kit been
to the spot at around 12.00 noon and mounted surveillance.
At that time one person came there in his two wheeler carrying
a bag. He has parked his vehicle and speaking to persons and
was selling small packets to the public. The complainant has
send his constable as a decoy to purchase ganja. When the
decoy has signaled the said persons were surrounded.

On
enquiry they have revealed their names and address.

The
packet which was in their possession was seized. On weighing
the contents of the packet containing ganja it was found to be
1850 grams. After seizure of the contraband, accused Nos.1
and 2 were arrested. They were brought to the police station
along with the seized ganja and a detail report was prepared
and submitted before SHO.

Basing on the report, a case in
Cr.No.426/2022 is registered for the offence punishable
U/s.20(b) of NDPS Act. Thereafter, accused were arrested and
6
produced before jurisdictional Magistrate and remanded to
judicial custody.
8. It is argued by the learned counsel for petitioners 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. They are permanent residents
of the address given in the cause title. In the event of grant of
bail they are ready to abide by the conditions which are being
imposed by this court.

9.

It is argued by the prosecution that the petitioners
have committed heinous offence 1 Kg., 850 grams of ganja is
seized from the petitioners.

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
24.08.2022 complainant has conducted raid and apprehended
7
accused.

CCH­33
Crl.Misc.No.8801/2022
On looking to the seizure panchanama the drugs
seized from accused are weighing 1 Kg., 850 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 drug­ganja 1000 grams is
small quantity and 20 Kgs., is commercial quantity.

In this
case the quantum of ganja seized is 1 Kg., 850 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.

8
11. Here in this case the drugs seized by the investigating
agency to the tune of 1 Kg., 850 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 investigation in the case is
concluded as the incriminatory article is already seized from
accused.

The offence alleged against the petitioners are not
punishable with death or imprisonment for life.

Further
custodial interrogation is not warranted. Their Voluntary
statement is already recorded. As per the information provided
by the petitioners are permanently residents in the addresses
shown in the cause title. The apprehension of the prosecution
that they 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.

CCH­33
Crl.Misc.No.8801/2022
9
13. Point No.2:­
In the result, I proceed to pass
following:
ORDER
The Petition filed by the petitioners No.1 & 2
U/Sec.439 of Cr.P.C is hereby allowed.
The
petitioners
are
enlarged
on
bail
on
executing personal bond for a sum of Rs.1,00,000/­
each with two sureties for the like sum with
following conditions.
1.

The petitioners shall give attendance before
the concerned I.O., once in a month i.e.,
preferably on first Wednesday of every month
in between 10.00 am., to 2.00 pm., till filing
of charge sheet or further orders whichever
is earlier.

2.

They shall not leave the jurisdiction of this
court without prior permission.

3.

They shall
abscond.

4.

They shall
investigation.

5.

They shall not commit similar offence or
any offence while on bail.

6.

They shall furnish their photo ID proof and
local address proof document before the
court and photo ID proof of his sureties.

7.

They shall appear before the court on all
hearing dates.

not
tamper
co­operate
the
with
witness
I.O
or
for
10
8.

Breach of any of the conditions by the
petitioners 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 16th day of September 2022)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.