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 28th DAY OF NOVEMBER 2023
Crl. Misc.No.9515/2023
petitioner :
(accused No.4)
Sirigiri Srinivasulu, S/o Sirigiri
Obalupati, aged about 40 years,
R/at No.2­20­8G/61, Siri Giri
Colony, Adarshanagar, Uppal,
Hyderabad­39
(By Sri A.K.H., Adv.)
V/S.

Respondent :
State by NCB ., Bangalore
(By Spl.Public Prosecutor)
ORDER
This is the second bail petition U/Sec.439 of Cr.P.C.,
filed
by
the
petitioner
NCB..No,48/1/19/2021 of
to
enlarge
him
on
bail,
in
BZU., registered for the offences
punishable U/Sec. 8(c), 20(b)(ii)C, 23, 25, 27, 27A, 28, 29 of
2
N.D.P.S. Act.

The petitioner has filed application seeking
interim bail to the petitioner on the ground that wife of the
petitioner is not well.
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.

Basing on the statement of
the present petitioner was arrested. No drugs seized from him,
no incriminatory
materials seized. No materials collected in
regard to payment of Rs.2,20,000/­ online by accused No.1.
the petitioner is a Civil Contractor and he is running electrical
shop and he had huge money out of that business. He is not
involved in drug trafficking. His wife is suffering from illness
urgent medical treatment is required.

Now investigation is
completed and charge sheet has been filed. The petitioner is
CCH­33
Crl.Misc.9515/2023
3
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 139 kg, 735 grams of ganja
from the conscious possession of the accused Nos.1 and 2.
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 their release he
may tamper with the prosecution witnesses.

Incriminatory
articles were seized from their 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
4
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 have made out
sufficient grounds to enlarge him on
bail?
2. Whether the petitioner is entitled for
interim bail?
3. What order?
6. My findings on the above points are as under:
Point No.1: In the Negative
Point No.2: In the Negative
Point No.3: As per the final order for the following:
REASONS
7. POINT NOs.1 & 2:­ The IO of NCB Bangalore., has put
the criminal law into motion. The gist of the allegation reads
as here under:­
5
On
30.9.2021
the
complainant
CCH­33
Crl.Misc.9515/2023
received
credible
information that two persons are transporting ganja in a
Maruthi Swift car. After receiving the information he has
informed to his superior officer obtained permission and he
along with panchas and staff went near the shop by name
Lucy International at Kundalahalli and intercepted a white
colour Maruthi Swift car bearing No.KA 12 MA 6697 wherein
two persons were sitting inside the car. He has enquired the
said persons who have revealed their names and address.
During search he has found 136.8 Kgs., of ganja in the said
car. Incriminating substance was seized under detail mahazar.
The accused were arrested and a detail report is submitted.
Basing on the report, a case in NCB.Cr.No,48/1/19//2021 of
BZU., registered for the offences punishable U/Sec. 8(c), 20(b)
(ii)C, 23, 25, 27, 27A, 28 & 29 of N.D.P.S. Act. Further, on the
voluntary statement of accused No.2 on 1.10.2021 he has
further seized 1.920 Kgs., of ganja from the house of accused
No.2. Thus, in all seized 139.735 Kgs., of ganja.
In the follow up action, while recording voluntary
statement of accused No.1 he has revealed about the
6
involvement of other accused persons in the drug trafficking.
One Mr.Kalandar Ss @ Tamsae is the main handler of
customers who is shown as accused No.8 in the case.
statement is also recorded.

His
Accused No.1 co­ordinates the
drug smuggling activities, the present petitioner supplies ganja
from Andhra Pradesh, accused No.3 delivers the drugs to
customers by concealing in swiggy delivery bags, A2, 5, 6 and
7 receive ganja in small packets and hand over to A3 for
delivering to customers by concealing in swiggy delivery bags
and collects money from A3 and make payments through
banks. A8 who gets orders informs to A3 to deliver ganja by
concealing in Swiggy delivery bags. The account of the present
petitioner is freezed, there is in all Rs.30,972,667.61. Further
the co­accused from different account have credited the money
through the account of the present petitioner. He is supplying
the drugs to accused No.1, he had frequent contact with other
accused in the case.
8. It is vehemently argued by the learned counsel for
the petitioner that Now investigation is completed and charge
sheet has been filed. The petitioner is innocent of the alleged
7
CCH­33
Crl.Misc.9515/2023
offences. No ganja substance is seized from the petitioner. He
is not involved in any case in the past and therefore, there is
no likelihood of committing any offence if released on bail.
Thus, he is entitled for bail.
9. The prosecution argues that 139 Kgs., of ganja which
is commercial quantity seized in the case.

The present
petitioner has active role in the crime.
10.

On careful analysis of rival contentions and the
prosecution papers available on record, the investigating
agency seized 139.735 Kgs., of ganja under the seizure
panchanama at the instance of accused Nos.1 and 2. when the
accused Nos.1 an 2 were intercepted in their white Maruthi
Swift car 136.8 Kgs., ganja was seized which was kept in a
white colour gunny bag.

During preliminary enquiry in the
residence of Ramdin Yadav and Aslam CA 1.015 Kgs., of ganja
was found in the house of Aslam. There, one Kamalesh Kumar
was present, who was enquired by the NCB officers. Further,
during the voluntary statement of A2 Aslam 1.920 Kgs., of
ganja was seized from his house.

Accused No.3 was also
8
arrested. During the further interrogation, information received
about the involvement of A4 to A7. A4 to A7 appeared before
the NCB. Their voluntary statements recorded. In the present
case, at the instance of accused Nos.1 and 2, quantum of
ganja seized is 136.8 Kgs.

As per specification of small and
commercial
narcotic
quantity
of
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 drug – Ganja weighing 20 Kgs., is commercial
quantity. In the present case 139.735 Kgs., of ganja narcotic
substance is seized which is a commercial quantity.

11. During the voluntary statement of present petitioner
and other accused they have stated about their knowledge of
drug trafficking particularly ganja. During the course of
further enquiry in the case the co­accused have revealed that
they have purchased ganja from present petitioner, thereafter,
the authorised officer has collected necessary information in
the investigation and it is revealed that petitioner is the
supplier of ganja to other co­accused persons.

There is
9
CCH­33
Crl.Misc.9515/2023
monetary transaction to the tune of 3 crores that has been
credited to the account of the petitioner from the other co­
accused persons through different bank accounts.

The said
transactions primafacie establishes the nexus of petitioner
with the other co­accused.

The petitioner has not palced any
material to show that he had other source of income and he
had received the said money from the other source and not
from the co­accused in the case and it is not out of the
contraband supply. The contention of learned counsel for the
petitioner that he is innocent and not involved in drug
trafficking is unsustainable at this stage. That apart mere non
seizure of ganja from the petitioner would not exonerate him
from the allegation of drug trafficking. His active role in co­
ordinating with the other accused by monitory transaction in
his bank account which is collected by the investigating
agency, indicate that petitioner herein is one of the members of
the team who have involved in drug trafficking.

12. As per Sec.20 of NDPS Act whoever, in contravention
of any provisions of this Act or any rule or order made or
10
condition
of
licence
granted
thereunder,
cultivates
any
cannabis plant; or produces, manufactures, possesses, sells,
purchases, transports, imports inter­State, exports inter­State
or uses cannabis are liable for punishment. The definition of
Sec.20 of NDPS Act is vast. It is always not necessary that the
contraband has to be seized from the possession of the person
who alleged to have involved in drug trafficking.

As per the
definition whoever produces, manufactures, possesses, sells,
purchases, transports etc., are liable to be penalized. Here in
this case, the role of petitioner in the drug trafficking along
with the other accused is apparent from the investigation
papers. The voluntary statement of other accused reveals the
role of present petitioner in drug peddling activities in
distributing the ganja. The medical records produced by the
learned counsel for petitioner on careful perusal of the same
there is no serious ailment to show that the wife of the
petitioner
herein
requires
immediate
medical
treatment.

Further he has not made out any grounds to consider his plea
on medical grounds.

On careful reading of the investigation
papers and the grounds urged by the petitioner, the petitioner
CCH­33
Crl.Misc.9515/2023
11
herein has failed to make out grounds for bail on medical
grounds. The present petitioner has approached the Hon’ble
High Court in Crl.Petition 1532/2023 seeking grant of bail.
The Hon’ble High Court rejected the bail plea of petitioner vide
bail order dated 10.4.2023.

Even other wise, the material
collected by the investigating agency, at this stage, primafacie
indicates the involvement of the petitioner in drug trafficking.
Accordingly, I answer point No.1 in the Negative.

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 rejected.
[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 28th day of November 2023)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*