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 20TH DAY OF MARCH 2024
Crl.Misc.No.2401/2024
Petitioner :
(accused No.3)
Taif Pasha, S/o.Afsar Pasha, 27
years, R/at.Old Madras Soap Factory
road, DJ Halli, Hameem Masjid, DJ
Halli, Arabic College, Bangalore 560
045.
(By Sri SAS., Adv.)
V/S.

Respondent :
State by D J halli 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 Cr.No.434/2022
(Spl.CC.1632/2023) of D J Halli PS., registered for the
offences punishable U/Sec.8(c), 22(c) of N.D.P.S. Act .
2. The prevalent grounds urged seeking bail:­
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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 of contraband.
There are no reasonable grounds to believe that the
petitioner
has
committed
apprehends threat of arrest
the
alleged
offences.

He
in the hands of Police. The
petitioner is a 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 1 kg 10 Grams of MDMA
from the accused No.1 and 12 grams of MDMA from
accused No.4. The contraband seized is a commercial
quantity. There are sufficient materials available against the
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CCH­33
Crl.Misc.No.2401/2024
petitioner and the said offences are punishable with
rigorous imprisonment for a term which shall extend to 10
years and shall also be liable to fine. The investigation is
concluded and charge sheet is filed. In the event of grant of
Bail he may abscond and may tamper with the prosecution
witnesses.

He may involve himself in similar offences.

Investigating agency by complying the provisions prevailed
under the act has seized the contraband from the accused
No.1 and 4. The petitioner herein would sell the drugs to
the younger generation which may ruin the career of
younger generation.

With these specific pleas sought to
reject the bail plea of the petitioner.

4. Heard learned counsel for the petitioner and the
prosecution.
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?

4
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 PSI, D J Halli P.S., Bangalore
has put the criminal law into motion.

The gist of the
allegation reads as here under:­
On
18.12.2022
at
about
4.30
pm.,
when
the
complainant was discharging his duties he has received
credible information that Near Urdu Garden, Goa garden, D
J Halli, Bengaluru, one person is selling contraband/MDMA
to the public and the informant has told that if the
complainant accompanies him he would show the suspect.
The complainant has formed a team to apprehend the
suspect. He has informed the matter to ACP obtained
permission to conduct raid.

He along with the staff and
panchas and investigation tools
has been to the spot at
5.30 pm., and saw a person standing holding a black colour
bag in front of Urdu school there holding a blue colour bag.

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CCH­33
Crl.Misc.No.2401/2024
The informant has shown the said person as suspect.
Immediately the said person was apprehended and enquiry.
On enquiry the said person has revealed his name and
address.

On further probing he has stated that he along
with one Kaiji and Taif is doing the trade of contraband.
When he was further questioned he has stated that he is
possessing MDMA. From the bag a bottle containing MDMA
is produced by him. The said bottle was weighed, the weight
of MDMA came around 1 Kg., 10 grams.
seized under a mahazar.

The same was
When he was enquired about the
contents of the bag, he has stated that he is in possession of
MDMA, the said MDMA was weighed in a weighing machine.
The weight of the contraband came around 1 Kg., 10 Grams
of MDMA from the accused. The said contraband is seized
under mahazar. A detail report was prepared and submitted
before the Station House officer. Basing on the said report a
case in Cr.No.434/2023 is registered against the accused
for the offence punishable U/Sec.8(c) 22(c) of N.D.P.S. Act.
Thereafter, the accused was produced to the court and
remanded to J.C.

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In the voluntary statement of accused No.1 he has
stated that he is doing the trade of contraband along with
Taif and Kaiji and one Imran Khan @ Jollu Imran.

The
investigating agency has prosecuted the present petitioner
on 25.1.2023 at DJ Halli near Masjid. On house search of
the accused No.4­ 12 grams of MDMA is seized.

He was
arrested the produced before the court and remanded to
judicial custody.
The contraband seized in the case was submitted to
FSL for analysis. 1 Kg., 10 grams of MDMA is seized from
the possession of accused No.1 and 12 grams of MDMA is
seized from accused No.4. Both articles were submitted to
inventory
and
after collecting
the
sample
they
were
submitted to FSL for analysis. The FSL expert has
submitted the reports stating that the samples sent for
analysis have responded positive for
methamphetamine.

The investigating agency on conclusion of investigation has
filed charge sheet before this court against accused Nos.1 to
4.

Accused No.3 is the present petitioner in the case.

Accused Nos.1 and 4 are arrested and enquired. Accused
CCH­33
Crl.Misc.No.2401/2024
7
No.3/present petitioner and A2 are shown as absconding in
the charge sheet.
8.

On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that on
18.12.2022
apprehended
complainant
accused.

has
On
conducted
looking
to
raid
the
and
seizure
panchanama the drugs seized from A.1 is 1 KG 10 grams of
MDMA and from A4­12 grams of MDMA. As per the FSL
report the sample which was drawn from the bulk seized
from
the
A1
and
A4
gave
positive
answer
for
methamphetamine. As per specification of small and
commercial quantity of narcotic drug or psychotropic
substance issued by Ministry of Finance Department of
Revenue Notification S.O.1055(E) dated 19.10.2001 at
Sl.No.159 the narcotic drug­ methamphetamine ­ 02 grams
is small quantity and 50 grams is commercial quantity. In
this case the quantum of 1 KG 10 grams and 12 Grams of
methamphetamine seized which is commercial quantity.

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9. In the present case as the investigating agency has
not filed the charge sheet within the stipulated period,
accused No.1 has been granted statutory bail by this court.
Further,
accused
No.2
has
been
granted
bail
in
Crl.Misc.No.8784/2024 U/s.438 of Cr.P.C., vide order dated
27.9.2023 and accused No.4 has been granted regular bail
in Crl.Misc. No.7651/2023 vide order dated 4.9.2023.
10. The petitioner herein is shown as accused No.3 in
the case. No contraband is recovered from him. It is alleged
in the voluntary statement of accused No.1, that A2 to A4
are also doing the trade of contraband along with A.1. But
A3/present petitioner is not arrested and no recovery
affected.

Now
the
investigation
is
concluded
and
chargesheet filed. Custodial enquiry of petitioner is not
warranted. The petitioner apprehends threat of arrest in the
hands of police. In the event of grant of Bail by imposing
stringent conditions, it would not hamper the trial of the
case. The offence alleged against the petitioner is not
punishable with death or imprisonment for life. As per the
information provided by the petitioner he is permanently
CCH­33
Crl.Misc.No.2401/2024
9
residing in the address shown in the cause title. 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.434/2022 for offences punishable under
Sec.8(C), 22(C) of NDPS 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 leave the jurisdiction of this
court without prior permission.

2.

He shall not tamper the witness or abscond.

3.

He shall not commit similar offence or
any offence while on bail.

4.

He shall furnish his photo ID proof and
local address proof document before the
court and photo ID proof of his sureties.

5.

He shall appear before the court on all
hearing dates.

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6.

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 20th day of March, 2024]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*