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 TH E 9th DAY OF NOVEMBER 2022 Crl. Misc.No.9495/2022 Petitioner : Umraz Basha @ Laddoo, (accused No.1) S/o.late Imtiyaz Basha, a/a 23 years, R/at No.68/1, 3rd Cross, 2nd Main, Muslim Colony, Arebic College Post, K.G.Halli, Bengaluru­560045 (accused in JC) (By Sri CBO., Adv.) V/S. Respondent : State by K.G.Halli Police (By Public Prosecutor) O R D E R The petitioner has filed this petition U/Sec.439 of Cr.P.C., to enlarge him on bail, in Crime No.268/2022 of K.G.Halli Police Station registered for the offences punishable U/Section 22(c) and 8(c) of N.D.P.S. Act, Sec.5 of Foreigners Registration Act and Sec.14 of Foreigners Act.

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. Petitioner is 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 13 grams of MDMA from accused No.1 which is a commercial quantity. The present petitioner has supplied the said mdma to the accused No.1. CCH­33 Crl.Misc.9495/2022 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. If the petitioner is granted bail he 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 petitioner. 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 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

7. POINT NO.1:­ The PI of K.G.Halli PS., has put the

criminal law into motion. The gist of the allegation reads as here under:­ On 02­08­2022, at about 12.00 pm., complainant received credible information that one person was in possession of MDMA Crystal and was selling the same to known customers near Ambedkar Park, Pillanna Garden, 4th Main, 3rd stage with in the territorial jurisdiction of respondent police. He has informed to his superior officer obtained permission and he along with panchas and staff went to the spot and apprehended the accused. During personal search accused who was carrying a bag has taken out the articles which was in the bag. He has produced seized 13 grams of MDMA, 80 Ecstasy tablets. The said articles were seized. Electronic Digital Scale, Vivo Mobile, Redmi Mobile, Cash of Rs.15,100/­ and Chevrolet Car were also seized under the CCH­33 Crl.Misc.9495/2022 mahazar. A detail mahazar was drawn and accused was arrested and a detail report is submitted. Basing on the report, a case in Cr.268/2022 is registered for the offence punishable U/s. 22(c) and 8(c) of N.D.P.S. Act, Sec.5 of Foreigners Registration Act and Sec.14 of Foreigners Act. The allegation against the present petitioner is he has supplied the said contraband to the accused No.1. Basing on the statement of accused No.1 the present petitioner is apprehended on 14.9.2022 and during house search and personal search no contraband is recovered at his instance. After one month of arrest of accused No.1 the present petitioner is arrested.

8. It is vehemently argued by the learned counsel for the

petitioner that the quantum of contraband seized from the present Petitioner is not commercial quantity, hence, he is entitled for bail. Search and seizure are vitiated by inherent procedural impropriety. The mandatory provisions of law have not been followed thereby causing serious doubt on the investigation, search and seizure procedure. He is no way connected to the drugs which were seized in the case. The major portion of investigation is concluded. Custodial interrogation is not warranted. He is entitled for bail.

9. It is argued by the prosecution that the petitioner has

committed heinous offence and it is punishable with RI upto 20 years. The petitioner may involve in similar offence, if he is released on bail. There are prima­facie material available against him.

10. On careful analysis of rival contentions and the

prosecution papers available on record. The investigating agency seized 13 grams of MDMA, under the seizure panchanama. 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.134 the narcotic drug – MDMA weighing 0.5 grams is a small quantity and 10 grams is a commercial quantity. In this case 13 grams of MDMA seized is commercial quantity. CCH­33 Crl.Misc.9495/2022

11. After arrest of accused No.1 on 2.8.2022 the present

petitioner is arrested on 14.9.2022 and during house search and personal search no contraband is recovered at his instance. After one month of arrest of accused No.1 the present petitioner is arrested. The allegation of involvement of present petitioner in the crime is a matter to be probed at the time of trial. At this stage, there are no materials collected by the investigating agency that the present petitioner has supplied the contraband to the accused No.1. In the result, if by imposing stringent conditions if the petitioner is enlarged on bail it would not in any hamper the investigation and trial of the case.

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 is enlarged on bail on executing personal bond for a sum of 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 with I.O for 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.

[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 9th day of November 2022) (B. S. JAYASHREE) XXXIII ACC & SJ & SPL.JUDGE, (NDPS) : BENGALURU.