Crl.Misc. No.3208/2024
1
KABC010090372024
In the Court of the XXXIV Additional City Civil and Sessions Judge and
Special Judge, (NDPS), (CCH -35), Bengaluru
Dated this the 4 th day of April, 2024
Present :Sri. G.Raghavendra, B.Sc., LL.B.,
XXXIV Addl. City Civil & Sessions Judge and
Special Judge, (NDPS),
Bengaluru.
Crl.Misc. No.3208/2024
Petitioner:
(Accused)
Suchith Nayak,
S/O Prashantha Nayak,
Aged about 35 years,
Tata raising
Karcha vadi post
Gajapathi district
Odissa-761217.
(By Sri. M Prabhakar., Advocate)
Vs.

Respondent:
The State of Karnataka
by Inspector of Excise, Karnataka Excise
Department, Shivaji Nagara Range,
BUD-02, Sub Division-04.
(By Public Prosecutor)
ORDER
1) This Criminal Miscellaneous Petition under Section 439 of
Crl.Misc. No.3208/2024
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Code of Criminal Procedure, 1973 (‘Cr.P.C.’ for short) is filed by Petitioner
/
Accused
to
enlarge
him
on
bail
in
Crime
No.16/2023-
24/3710SIE1/371010 registered by Respondent – Excise Sub-Inspector1, Range-13, Shivajinagara, Sub-Division-4, Bengaluru Urban District -2,
for the offences punishable under Section 20(b) (ii) (B) & 8(C) of Narcotic
Drugs and Psychotropic Substances Act,1985 (‘NDPS Act’ for short).
2) The Learned Public Prosecutor has filed an objection to this
criminal miscellaneous petition along with report of Investigation Officer.
3) Heard the Counsel for Petitioner and learned Public Prosecutor.
4) On the basis of contents of the petition, contentions taken in the
objection filed to this application and on the submission of both the
Counsel for Petitioner and learned Public Prosecutor, the following points
arise for my consideration:
Point No.1: Whether Petitioner / Accused satisfies that
there are reasonable grounds for believing that he is not guilty
of an alleged offence and he is not likely to commit any
offence while on bail?
Point No.2: What Order?
5)
My answer to the above points are as under:
Point No.1: In the Affirmative.
Point No.2: As per the final order for the following:
REASONS
6) Point No.1: Perused the certified copy of the documents
produced by the petitioner along with this criminal miscellaneous petition.
That on 29.03.2024 at 11:00 a.m., when Sri. Madhukantha B, Excise Sub-
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Inspector-1, Range-13, Shivajinagara, Sub-Division-4, Bengaluru Urban
District -2, has received a credible information that a person is coming in
Prashanthi Express Train in S-5 Sleeper Coach and will alight in platform
No.1 of Bangalore Cantonment Railway Station, who is having
possession of ganja in his bags.
7)
Thereafter, Excise Sub-Inspector found totally 14 kgs 400
grams of ganja in two bundles wrapped with khaki colour cello tape in a
purple bag and in one bundle wrapped with
khaki colour cello tape in a
dark red colour backpack, which were in the possession of accused No.1.
Thereafter, Excise Sub-Inspector prepared a computer typed complaint
and registered a first information report under crime No.16/202324/3710SIE1/371010 against accused No.1 for the offenses punishable
under section 20(b)(ii)(B) & 8(c) of NDPS Act.
8)
The Petitioner in his petition has stated the following grounds
to show that he is entitled for bail.
i) The Petitioner has not committed the alleged
offence.
ii) That the alleged offence is not punishable with
imprisonment for life or death.
Iii) That the petitioner is falsely implicated in the
case.
9) In specification of the small and commercial quantity of Narcotic
Drug or Psychotropic Substance, SO 1055 (E), dated 19.10.2021 as
amended, issued by the Central Government at Serial No.55, 1000 grams
of ganja is specified as small quantity and 20 kg of ganja is specified as
commercial quantity. The total ganja recovered in this case from Accused
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No.1 is 14 kgs 400 grams of ganja, which is intermediate quantity.
10)
As per Section 20 (b) (ii) (B) of NDPS Act, whoever, in
contravention of any provision of NDPS Act or any rule or order made or
condition of license granted thereunder produces, manufactures,
possesses, sells, purchases, transports, imports inter-state, exports interstate or uses cannabis which involves commercial quantity shall be
punishable with rigorous imprisonment for a term which may extend to
ten years and with fine which may extend to one lakh rupees.
11) Section 37 of NDPS Act, mandates that no person accused of
offences punishable for offences under Section 19 or Section 24 or
Section 27A and also for offences involving commercial quantity shall be
released on bail, unless the court satisfied that there are reasonable
grounds for believing that accused is/are not guilty of such offences and
that accused is/are not likely to commit any offences while on bail.
12)
Section 37(2) of NDPS Act, reads as under:
“37.

Offences to be cognizable and non-bailable
(1) xxxx
xxx
(2) The limitations on granting of bail specified in clause
(b) of sub-section (1) are in addition to the limitations under the
Code of Criminal Procedure, 1973(2 of 1974) or any other law
for the time being in force, on granting of bail.”
13) The conditions for grant of bail in offences punishable under
Section 19 or Section 24 or Section 27A and also for offences involving
commercial quantity are differ from the general rule of bail.

Two
additional preconditions are imposed upon the accused in addition to the
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ones prescribed under Cr.P.C, which are to be satisfied before an
accused can be enlarged on bail.
14) As per the above Section 37(2) of NDPS Act, while deciding
the bail application for offences except the offences punishable under
Section 19 or Section 24 or Section 27A and also for offences involving
commercial quantity, Section 437(1) (ii) and Section 437 (3) are
applicable.
15) Section 437(1) (i) & (ii) & Section 437(3) of Cr.P.C., reads as
under:
“437. When bail may be taken in case of non-bailable
offence.- (1) When any person accused of, or suspected of,
the commission of any non-bailable offence is arrested or
detained without warrant by an officer in charge of a police
station or appears or is brought before a Court other than the
High Court or Court of Session, he may be released on bail,
but—
(i) such person shall not be so released if there appear
reasonable grounds for believing that he has been guilty of an
offence punishable with death or imprisonment for life;
(ii) such person shall not be so released if such offence is a
cognizable offence and he had been previously convicted of
an offence punishable with death, imprisonment for life or
imprisonment for seven years or more, or he had been
previously convicted on two or more occasions of a
cognizable offence punishable with imprisonment for three
years or more but not less than seven years;
…………………………………………………………………………….
(3) When a person accused or suspected of the commission
of an offence punishable with imprisonment which may
extend to seven years or more or of an offence under Chapter
VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45
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of 1860) or abetment of, or conspiracy or attempt to commit,
any such offence, is released on bail under Sub-Section (1)
the Court shall impose the conditions—
(a)
that such person shall attend in accordance with
the conditions of the bond executed under this Chapter,
(b)
that such person shall not commit an offence
similar to the offence of which he is accused, or suspected, of
the commission of which he is suspected, and
(c)
that such person shall not directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to any police officer
or tamper with the evidence.
and may also impose, in the interests of justice, such other conditions as
it considers necessary.”
16)
The prosecution in the objection filed to this criminal
miscellaneous petition has contended that if the Accused No.1 is released
on bail, he may commit the similar offences, tamper with the prosecution
witnesses and may not appear before the court. Accused No.1 is from
Odisha State. I am of the opinion that the objections of prosecution can
be met by imposing conditions as stated in Section 437(3) of Cr.P.C.
Hence, I answer point No.1 in the Affirmative.
17) Point No.2:- In view of the answer, I arrived to point No.1, I
proceed to pass the following:ORDER
The Criminal Miscellaneous Petition under Section 439 of Code of
Criminal Procedure, 1973 filed by Petitioner /accused No.1 is allowed.

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The Petitioner /Accused No.1 is enlarged on bail on execution of
personal bond of Rs.1,00,000/- (Rupees One Lakh), along with one
surety for the like sum in
registered
by
Respondent
Crime No.16/2023-24/3710SIE1/371010
–
Shivajinagara, Sub-Division-4,
Excise
Sub-Inspector-1,
Range-13,
Bengaluru Urban District -2, for the
offences punishable under Section 20(b) (ii) (B) & 8(C) of NDPS Act,
1985, on the following conditions:
1) The Petitioner / Accused No.1 shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts
of the case.
2) The Petitioner / Accused No.1 shall cooperate with the Investigation
Officer (I.O) for investigation.
3) The Petitioner / Accused shall No.1 regularly appear before the court.
4) The Petitioner / Accused shall No.1 produce copy of his Aadhaar card
before the court.
5) The Petitioner / Accused No.1 shall not commit any offences similar to
the offences of which he is accused or any other offences.
6) Breach of any of the conditions by the Petitioner / Accused No.1 would
entail cancellation of bail.
(Dictated directly to the Stenographer on computer, after typed by her, corrected, signed
and pronounced in the open court on this the
4th day of April, 2024).
Digitally signed by
RAGHAVENDRA RAGHAVENDRA G
G
Date: 2024.04.05
16:16:38 +0530
(G. Raghavendra)
XXXIV Addl. City Civil & Sessions Judge
& Special Judge (NDPS), Bengaluru.