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 6th DAY OF JANUARY 2023
Crl.Misc.No.12824/2022
Petitioner :
(accused No.2)
Siddiq Pasha, S/o.Mubaraque Pasha,
23 years, No.47, Slum Board
Quarters, I Main road, LR Nagar, CS
Lane, Viveknagar, Bangalore South,
Bangalore 47.
Also at:
Behind bus stand, Hosakote,
Bangalore rural.
(By Sri. PG., Adv.)
V/S.

Respondent :
State by Cottonpet 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.195/2022
of
2
Cottonpete
PS.,
registered
for
the
offence
punishable
U/Sec.20(b) of NDPS Act.
2. The prevalent grounds urged seeking bail:­
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. If he is detained in the Central
prison his career will be spoiled in the midst of the other
criminals in the prison. 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 4 Kgs 578 grams of ganja
3
CCH­33
Crl.Misc.No.12824/2022
which is a 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
event of his release he may tamper with the prosecution
witnesses. Incriminatory articles were seized from his custody.
The supplier of drug is absconding. He has to be traced. 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:
4
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:
REASONS
7. POINT NO.1:­ The PI, of Cottonpet PS., Bangalore has
presented the complaint before the SHO.

The gist of the
allegation reads as here under:­
On 12/12/2022 at 4.00 pm., at when the complainant
police officer is discharging his duty in the police station
received credible information that with in the jurisdiction of
the respondent police station, at the back gate of the City
Railway Station one person is carrying Ganja in a plastic bag
and selling the ganja illegally to the public. On receipt of the
information he along with staff and panchas has been to the
spot and conducted raid. The accused on enquiry revealed his
name and identity. When he was informed about his right to
get his personal search through gazetted officer or Magistrate,
5
CCH­33
Crl.Misc.No.12824/2022
he has consented to have his personal search through a
gazetted officer. Through a gazetted officer personal search of
the accused was conducted. In the plastic bag which is in the
hand of accused 4 Kgs, 578 grams of ganja is found it is
seized. A detail mahazar is drawn. Thereafter, a detail report
is prepared by him and submitted to the SHO. Basing on the
said report, a case in Cr.195/2022 is registered against the
petitioner for the offense punishable U/s.20(B) of NDPS Act.
Basing on the voluntary statement of accused No.1 the present
petitioner is apprehended by the investigating agency on
21.12.2022. During personal search of present petitioner 650
grams of ganja was found and seized. A detail mahazar has
been drawn.

His statement came to be recorded.

He has
stated that he has purchased ganja from an unknown person
of Krishnagiri, Tamil Nadu.

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
6
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 5 Kg 228 grams of ganja is seized
from the petitioner and other accused. 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
12.12.2022 complainant has conducted raid and apprehended
accused No.1.

On looking to the seizure panchanama the
drugs seized from accused No.1 is weighing 4 Kg 578 grams of
ganja
and
from
accused
No.2
is
650
grams.

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
7
CCH­33
Crl.Misc.No.12824/2022
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 5 Kgs., 228 grams is an
intermediate quantity.
The accused No.1 was arrested on 12.12.2022 at his
instance 4 Kgs., 578 grams of ganja was seized. Basing on the
voluntary statement of accused No.1, present petitioner is
apprehended on 21.12.2022 and at his instance 650 grams of
ganja is seized. The quantum of ganja seized during personal
search of present petitioner is 650 grams which is small
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
8
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
650 grams of ganja from the present
petitioner is small 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 petitioner is not
punishable with death or imprisonment for life.
custodial
interrogation
is
not
warranted.

His
Further
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 could be
CCH­33
Crl.Misc.No.12824/2022
9
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 is enlarged on bail on executing
personal bond for a sum of Rs.50,000/­ 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
photo ID proof of his sureties.

7.

He shall appear before the court on all
hearing dates.

with
I.O
for
10
8.

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 6th day of January 2023)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.