Crl.Misc. No.3058/2024 KABC010086272024 In the Court of the XXXIV Additional City Civil and Sessions Judge and Special Judge, (NDPS), (CCH-35), Bengaluru Dated this the 8th 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.3058/2024 Petitioner: SYED SHOAIB @ SHOAIB, (Accused No.2) S/o Syed Afroaz, Aged about 27 years, Residing at, No.7, 2nd Cross, 5th Main Road, Vasanthappa Block, R T. Nagar, Bangalore – 560032. (By Sri. Harish Kumar M. R, Advocate) Vs. Respondent: The State by R T Nagar Police Station, Bengaluru. (By Public Prosecutor)

ORDER

1) This Criminal Miscellaneous Petition under Section 439 of Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) is filed by Petitioner / Accused No.2 to enlarge him on bail in Crime No.9/2024 registered by Respondent – Crl.Misc. No.3058/2024 R. T. Nagar Police Station, Bengaluru City, for the offences punishable under Section80(c) & 22(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 the report of the 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 No.2 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 09.01.2024 at about 5:00 p.m. when Sri. Bheemaraya, Police Sub-Inspector (PSI), R.T. Nagar Police Station, Bengaluru City was in station a informer came to Police Station and gave a credible information that in the vacant ground of Matadahalli within the limits of R.T. Nagar Police Station a person Crl.Misc. No.3058/2024 is selling narcotic drug to the public. Thereafter PSI submitted a written requisition to Sri.Manoj Kumar, Assistant Commissioner of Police (ACP), J.C. Nagara Sub-division, Bengaluru City and obtained written permission. Thereafter, PSI called for panchas to Police Station and informed them about the information that he received and issued intimation letter to panchas. Thereafter, PSI along with panchas, some staff of R.T. Nagar Police Station and investigation materials left the Police Station at 5:40 p.m., after searching each other to confirm that there were no narcotic drug with them and reached near the place at 5:50 p.m. 7) While watching by hiding, the PSI and others saw a person by holding some substance was selling the same to public, who were passing near by. Thereafter PSI sent Sri. Chethan, P.C.17401, near said person for confirmation of the information and after confirmation of the information, conducted raid and detained said person. On enquiry said person revealed his name and address and further stated that he has purchased narcotic drug from unknown persons and now he is trying to sell the same. Thereafter, PSI called for Sri. Manoj Kumar, ACP and in his presence searched the person of accused No.1 and found and seized 50 grams of MDMA Crystal under seizure mahazar. Thereafter, PSI brought accused No.1 along with seized MDMA Crystal to R.T. Nagar Police Station and gave a computer typed complaint/report at 8:00 p.m. On the basis of report a first information report was registered by Sri. Anil Kumar T, PSI, R.T. Nagar Police Station, against accused No.1 for the offences punishable under section 8(c) & 22(c) of NDPS Act. 8) Thereafter in the further investigation, accused No.1 in his voluntary statement, has stated that a few days back he has purchased narcotic drug from petitioner/accused No.2 and he will show accused No.2. Then on 15.03.2024 accused No.2 was produced before investigating officer at 10:15 Crl.Misc. No.3058/2024 p.m. at R.T. Nagar Police Station by detaining accused No.2 at Flower Market, Bellary Road. Accused No.2 in his voluntary statement has stated that he and accused No.1 are friends, in the month of January 2024 he has taken accused No.1 near Banasawadi and there accused No.1 has purchased MDMA from unknown person. 9) The Petitioner in his petition has stated the following grounds to show that he is entitled for bail. i) The petitioner is innocent of the alleged offences and has been falsely implicated in the case. 10) 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.134, 0.5 grams of MDMA is specified as small quantity and 10 grams of MDMA is specified as commercial quantity. The MDMA recovered in this case from accused No.1 is 50 grams, which is commercial quantity. 11) As per Section 22(c) whoever, in contravention of any provisions 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 inter-state or uses any Psychotropic substance which involves commercial quantity shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. 12) 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 Crl.Misc. No.3058/2024 believing that accused is/are not guilty of such offences and that accused is/are not likely to commit any offences while on bail. 13) 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.” 14) 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 ones prescribed under Cr.P.C, which are to be satisfied before an accused can be enlarged on bail. 15) The Hon'ble Supreme Court of India in a decision reported in (2007) 7 SCC 798 (Union of India vs. Shiva Shanker Kesari) at para No.7 has opined as under: “7. The expression used in Section 37(1)(b)(ii) is “reasonable grounds”. The expression means something more than prima facie grounds. It connotes substantial probable causes for believing that the accused is not guilty of the offence charged and this reasonable belief contemplated in turn points to existence of such facts and circumstances as are sufficient in themselves to justify recording of satisfaction that the accused is not guilty of the offence charged.” Crl.Misc. No.3058/2024 16) The counsel for petitioner in his argument has reiterated the grounds stated in the petition. Except the statement of accused Nos.1 and 2 to link accused No.2 to the possession of 50 grams of MDMA with accused No.1, there is no other incriminating evidence against accused No.2. Nothing is recovered from the possession of accused No.2. 17) The prosecution in the objection filed to this criminal miscellaneous petition has contended that if the accused No.2 is released on bail, he may commit the similar offences, tamper with the prosecution witnesses and may not appear before the court. The prosecution in the report submitted along with the objection, the I.O. has stated that accused No.2 is involved in Crime No.304/2023 of R.T. Nagara Police Station under Section 353, 307, 120B of IPC and Section 25 of Arms Act and Crime No.157/2019 under Section 399 and 402 of IPC. The counsel for petitioner in the petition has stated that accused No.2 is enlarged on bail in these cases. 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. 18) Point No.2:- In view of the answer, I arrived to point No.1, I proceed to pass the following:- O R D E R The Criminal Miscellaneous Petition under Section 439 of Code of Criminal Procedure, 1973 filed by Petitioner /accused No.2 is allowed. The Petitioner /accused No.1 is enlarged on bail on execution of personal bond of Rs.50,000/- (Rupees Fifty Thousand), along with one surety for the like sum in Crime No.9/2024 registered by Respondent – R.T. Nagar Police Station, Bengaluru City, for the offences punishable under Sections 80(c) & 22(c) of NDPS Act, 1985, on the following conditions: Crl.Misc. No.3058/2024 1) The Petitioner / Accused No.2 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.2 shall cooperate with the Investigation Officer (I.O) for investigation. 3) The Petitioner / Accused No.2 shall regularly appear before the court. 4) The Petitioner / Accused No.2 shall produce copy of his Aadhaar card before the court. 5) The Petitioner / Accused No.2 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.2 would entail cancellation of bail. (Dictated partly and also directly on computer to the Stenographer, after transcribed/ typed by her, corrected, signed and pronounced in the open court on this the 8th day of April, 2024). Digitally signed by RAGHAVENDRA RAGHAVENDRA G G Date: 2024.04.10 10:00:14 +0530 (G. Raghavendra) XXXIV Addl. City Civil & Sessions Judge & Special Judge (NDPS), Bengaluru.