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 HE 6TH DAY OF DECEMBER 2022
Crl.Misc.No.11493/2022
Petitioner :
(accused)
Sidharth Padmanabhan @
P.Sidharth, S/o.K.Padmanabhan, a/a
38 years, R/at No.208, Defence
Colony, 3rd Main, 5th Cross,
Indiranagar, Bengaluru560 038
(By Sri CBO., Adv.)
V/S.
Respondent :
State by Viveknagar PS
(By Public Prosecutor)
ORDER
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.93/2022 of Vivek Nagar Police Station
registered for the offences punishable U/Section 8(c), 22(c),
27(a), 20(ii) (B), 23(c) of N.D.P.S. Act.
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2. The grounds urged by the petitioner for grant of bail
are as under:
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 15.08 gram MDMA Ecstasy Pills, 0.48
gram LSD Strips, 8 Kgs Hashish Oil and 11 Kgs 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. 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.
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He is the sole bread earner of his family. Hence, sought to
grant bail.
3. The prosecution while opposing the bail petition
contended that the petitioner is required for the purpose of
investigation as he was absconding. He is involved in the
crime. Ganja weighing 1 Kg., is seized from the accused
No.1. During interrogation accused No.1 has revealed the
name of the petitioner. There is prima facie case against the
petitioner. In the event of grant of bail, he will continue the
profession of narcotic drug selling, and he may abscond and
tamper evidence of the prosecution. 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?
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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 CCB., has conducted raid
and
apprehended
the
accused and
quantum of contraband in the case.
has seized
huge
He has presented a
complaint before Viveknagar police which is the basis to
register
the
case
against
Jithin
Judo
Haris
in
Cr.No.93/2022 for the offences punishable U/s. 8(c), 22(c),
27(a), 20(ii) (B), 23(c) of NDPS Act.
The gist of the allegation in the complaint is as here
under:
On 23.6.2022 at 12:30 noon, when the complainant
was
in
the
police
station
he
has
received
credible
information that at the residence bearing No.1630, II floor,
Neelasandra Austin town, Infant Jesus Church a person
who is the occupant of the house is in possession of narcotic
and
psychotropic
substances.
After
receiving
the
information he has informed to his superior officer obtained
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Crl.Misc.No.11493/2022
permission and he along with panchas and staff went to the
spot and found the suspected person. On enquiry he has
revealed his name as Jithin Judo Haris. He has purchased
the drugs from Dark Web and also from one John of south
Africa and from his Kerala friends. He has given the phone
No., of African. During search he is found in possession of
15.8 grams of MDMA ecstasy pills, 0.48 grams of LSD strips
and 1 Kg., of ganja. Entire contraband was seized under a
mahazar, Accused No.1 was arrested and a detail report is
submitted.
During further investigation and on recording of the
voluntary statement he has revealed that he is working in
HP Company and he was consuming drugs and he is also
selling drugs by purchasing the same from drug peddlers.
He has further revealed the names of accused No.3Srinivas
@ Seena, accused No.4Vanthala Prahalad, accused No.5
Smt.Malleshwari and accused No.6 Smt.Sathyavathi. On
further probing it is revealed that accused Nos.3 to 6 are
residing in sheds near Nallur railway station.
They are
doing the sale of contraband. They have also stored huge
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quantum of ganja.
When the investigating agency at the
instance of accused No.1 has been to Nallur railway station
and to the sheds where accused Nos.3 to 5 were residing it
is revealed that the said accused persons were in possession
of hashish oil and ganja. They have produced two packets.
In that in one
steel box hashish oil was found stored.
Further on enquiry they have revealed that they have
purchased the said contraband from one Pandu who is
staying at Araku Kadu, Chintapalli. They have procured the
said contraband on 9.7.2022 from the said Pandu and they
have kept in their sheds for sale. When the said contraband
was seized and was weighed it was found to be 6 Kgs., of
ganja and 5 liters of hashish oil.
The said contraband is
seized under a detail mahazar. The accused Nos.3 to 6 were
arrested and they were produced before this court.
The
allegations against them is that they were found in
possession of 6 Kgs., of ganja and 5 liters of hashish oil.
Accused No.1 is purchasing the contraband from them.
Accused Nos.4 to 6 have purchased contraband from one
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Pandu. They are doing the sale of contraband and they are
drug peddlers.
During further investigation the complainant PI has
apprehended accused Nos.7 to 10 at Puttaparthi railway
station on 24.9.2022. basing on the voluntary statement of
accused No.3 further investigation is conducted in the case.
During the investigation it is found that accused No.3 along
with his friends is purchasing contraband from one Pandu
from the forest of Aruku and Chintapalli and they are selling
in Guntur railway station, Vijayanagar bus stop, Puttaparthi
railway station, Nallur railway station.
As per the
information of accused No.3 on 23.9.2022 complainant
along with staff mounted surveillance in Puttaparthi railway
station on 24.9.2022 at 3.30 am., one informant came to
them and told that some ladies who are travelling in
Prashanthi Express are carrying hashish oil and ganja.
Around 8.15pm., the train boarded in the platform.
Four
ladies got down from the train and were moving on the road,
they were followed and were apprehended by the women
police under the vigilance of complainant. On enquiry the
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said ladies revealed their names as Pangi Poornamma,
Boodi Vijaya, Gooderi Pushpa and Devi. On further probing
they have revealed that they are carrying ganja oil in their
luggages.
They are going to deliver it to one Jithin Judo
Haris @ John. On searching the bags of the said accused
persons from the possession of Pangi Poornamma/accused
No.7 8 Kgs., of hashish oil, from Gooderi Pusha/accused
No.9 3.5 Kgs., of ganja from Boodi Vijaya/accused No.8
3.5 Kgs., of ganja was seized. A detail mahazar was drawn.
They were arrested and brought to Bangalore, produced
before this court and remanded to judicial custody. The
accused No.10 is accompanying accused Nos.7 to 9. The
petitioner herein is called by the investigating agency for
enquiry. He apprehends threat of arrest. His name is not
shown in the investigation papers.
8. It is vehemently argued by the learned counsel for
the petitioner that he is no way connected to the drugs
which were seized in the case. The name of the petitioner
does not finds place in the FIR and the respondent herein
intends to falsely implicate the petitioner in the case. The
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Crl.Misc.No.11493/2022
respondent police have taken the petitioner to the Police
Station and he was made to sit in the station from morning
to evening without any justifiable cause. The respondent
police have not issued any notice nor they informed him
regarding the case number and for calling him to the
station. Though the petitioner is not involved in the case he
was wrongly called to the station, made to sit in the station
for a day. Now he apprehends threat of arrest in the hands
of respondent police.
His custodial interrogation is not
warranted as he is no way connected to the crime. He is
entitled for bail.
9. In the instant case the petitioner is called by the
respondent police for the purpose of enquiry and he was
sent back. No material collected by the investigating agency
in regard to the involvement of present petitioner in the
case. In the objection statement also the prosecution has
not made out any allegation attracting the offences stated in
the prosecution papers. The accused persons who are
actively involved in the crime were already arrested by the
respondent
police.
The
present
petitioner
is
already
10
enquired
by
the
respondent
police.
No
incriminatory
material is collected at the instance of present petitioner.
Thus, at this stage there is no material against the present
petitioner placed by the investigating agency in regard to the
allegations levelled in the prosecution papers.
10.
Custodial interrogation is not warranted.
He
apprehends threat of arrest in the hands of police. 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.
11. 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 his arrest in
Cr.No.93/2022 of Viveknagar Police Station for the
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Crl.Misc.No.11493/2022
offences punishable U/Section 8(c), 22(c), 27(a),
20(ii) (B), 23(c) of N.D.P.S. 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.
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 6th day of December 2022]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*