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 3rd DAY OF SEPTEMBER 2022
Crl.Misc.No.8205/2022
Petitioner :
(accused No.7)
Tabrez @ Donu,
S/o.Late Sheik, Aged About 34 years,
R/o, Near Masjid, Chikkabettahalli,
Yelahanka Taluk, Bengaluru Rural.
(By Sri A.S.A.S,Adv.)
V/S.

Respondent :
State by Doddaballapura Town
Police Station, Bangalore City,
(Rep. 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.81/2022 of
Doddaballapura Town PS., for the offence punishable
U/Sec.20(b) (ii) (A) of N.D.P.S. Act.

2
2. The grounds urged by the petitioner for grant of bail
are as under:
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 offences are
non bailable, but is neither punishable with imprisonment
for life or death sentence. The procedure contemplated
under N.D.P.S. Act is not followed while recovery. There is
no restriction U/Sec.37 of N.D.P.S. Act for grant of bail.
petitioner is permanent residents 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 27 Kg 149 grams of ganja.
The offences alleged against the petitioner is punishable
with rigorous imprisonment for a term upto 20 years and
shall also be liable to fine.

There is a primafacie case
available against the petitioner. He is habitual drug dealer.

CCH­33
Crl.Misc.8205/2022
3
There is primafacie case made out against petitioner. If
petitioner
is released on 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
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
Point No.1: The PSI of Doddaballapura Town PS., has
put the criminal law into motion. The gist of the allegation
reads as here under:­
On 6.7.2022 at 3.30 pm., the complainant PI., has
received
credible
information
that
at
Basavabhavana
4
choultry, Dabaspet road within the limits of DB Pura Town
police station., one person is selling ganja illegally to the
public. He has informed the matter to the higher officer and
obtained permission to conduct raid.

He along with staff
and panchas had been to the spot and apprehended the
suspected person. On search the said person is found to be
in possession of 910 grams of ganja.
arrest.

He was put under
The ganja was seized under detail panchanama.

The arrested accused is accused No.1 in the case. He has
stated that one Chandrakeerthi accused No.2 has supplied
ganja to him.

The complainant police has submitted a
report against accused Nos.1 and 2. Basing on it a case in
Cr.No.81/2022 registered against accused Nos.1 and 2 for
the offence punishable U/s.20(b)(II)(A) of NDPS Act.

8. The investigating officer has sought police custody
of accused No.1. As per the order of court he was given to
police custody. During the period of police custody efforts
were being made to secure accused No.2. On 12.7.2022
accused
No.2,
one
Munikrishna,
Varunkumar,
Hemanthkumar were apprehended at 3.50 pm., near
Railway bridge. The said persons were carrying bags. When
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CCH­33
Crl.Misc.8205/2022
the contents of the bag was checked it was reported to be
ganja. The said ganja was weighed and found to be 12 Kgs.
They have assembled there to sell ganja to the public. The
entire quantum of ganja was seized under the mahazar.
Their voluntary statement came to be recorded. There were
produced to the court and were remanded to judicial
custody. During their voluntary statement they have
revealed about the involvement of accused Nos.6 to 10. The
allegation against accused Nos.6 to 10 is they have also
involved in drug trafficking along with accused Nos.1 to 5.

9.

The present petitioner is arrested on 17.7.2022.

His voluntary statement came to be recorded.

In the
voluntary statement he has stated that he has purchased 2
Kgs., of ganja from the accused No.2 and he has sold the
same for a sum of Rs.25,000/­.

Again in the year 2022
March he has purchased 2 Kgs., of ganja from accused
No.2. He used to purchase ganja from accused No.2 and is
selling the same to the customers and he is using the money
for his livelihood.

He is also consuming ganja.

Further
after arrest of present petitioner no contraband is recovered
from him.

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10. On careful analysis of rival contentions and the
prosecution papers available on record, the investigating
agency seized initially 910 grams of ganja from accused
No.1. After taking the accused No.1 to police custody at his
instance accused Nos.2 to 5 were arrested and at their
instance 12 Kgs., of ganja was seized under the seizure
panchanama. They have revealed about the involvement of
accused No.7 to 10 in drug trafficking. No contraband is
seized from the possession of the petitioner herein.

The
prosecution has revealed about the involvement of present
petitioner in drug trafficking. Though this court has called
the investigating agency to produce material against the
present
petitioner
no
report
is
submitted
about
the
allegation of drug trafficking against the present petitioner.

11. Here in this case the drugs seized by the
investigating agency to the tune of 12 Kgs., 910 grams of
ganja seized from accused Nos.1 to 5. But no contraband
seized from the possession of the petitioner.

When the
quantity is less than commercial quantity, rigors of Sec.37
of the NDPS Act will not attract, and factors become similar
CCH­33
Crl.Misc.8205/2022
7
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.

Further
custodial interrogation is not warranted. His 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 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
executing
personal
is
enlarged
bond
for
on
a
bail
on
sum
of
8
Rs.1,00,000/­ with two sureties 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
local address proof document before the
court and photo ID proof of his sureties.

7.

He shall appear before the court on all
hearing dates.

8.

Breach of any of the conditions by the
petitioner would entail cancellation of bail.

with
I.O
for
[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 3rd day of September 2022]
B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*