Bengaluru, September 8, 2022 – The XXXIII Additional City Civil & Sessions Judge and Special Judge (NDPS), Bengaluru (CCH.33), has granted anticipatory bail to Girija Shankar Singh, a 43-year-old resident of Malleshwaram, in connection with a case involving the seizure of Ganja. The order, delivered by Smt. B.S. Jayashree, Special Judge (NDPS), allows the petitioner to be released in the event of his arrest in Cr.No.16/2022-23, registered by the Excise Sub Division, Gandhinagar Police Station.
The petitioner, represented by Sri N. Gopal, Advocate, had filed the plea (Crl.Misc.No.8335/2022) under Section 438 of the Code of Criminal Procedure, seeking protection from imminent arrest. The charges against him are filed under Sections 8(c) (Prohibition of certain operations), 20(b)(ii)(A) (Punishment for contravention in relation to cannabis plant and cannabis), and 25 (Punishment for allowing premises, etc., to be used for the commission of an offence) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Origin of the Case
The case was originally registered against one Sarvesh Singh (Accused No. 1), who was apprehended by the Excise Inspector on April 26, 2022. The Excise authorities, acting on an intelligence report, intercepted Sarvesh Singh while he was allegedly transporting Ganja tablets in a two-wheeler bearing registration No. KA 05 JE 5203. The operation led to the seizure of 276 grams of Ganja tablets under a detailed mahazar. Sarvesh Singh was subsequently arrested and remanded to judicial custody.
The present petitioner, Girija Shankar Singh, was subsequently implicated as Accused No. 2 solely on the basis of the vehicle documents. During the investigation, it was discovered that the two-wheeler used for transporting the contraband was registered in the name of Girija Shankar Singh. Following this discovery, the Excise Sub Division issued a notice to the petitioner, directing him to appear for enquiry.
Petitioner’s Plea and Prosecution’s Objection
Girija Shankar Singh approached the court seeking anticipatory bail, arguing that a false case had been foisted against him. His primary contention was that he was in no way connected to the crime other than being the registered owner of the vehicle. He claimed he was implicated based on a “created statement” of Accused No. 1 and feared detention and false allegations if he complied with the notice to appear for enquiry. He affirmed his law-abiding nature, lack of criminal antecedents, and willingness to comply with any court conditions.
The prosecution, through the Public Prosecutor, opposed the bail application. Their objection reiterated that 276 grams of Ganja was seized, an offence punishable with rigorous imprisonment up to 10 years. They argued that there was a prima facie case against the petitioner, classifying him as a “habitual drug dealer” and expressing fear that he might abscond or hamper the investigation if released.
Judicial Analysis and Intermediate Quantity
The Special Judge meticulously scrutinized the prosecution papers to determine the extent of Girija Shankar Singh’s involvement. The Court’s finding was crucial: “Except this there is no allegation against the present petitioner that he is involved in transportation of ganja tablets.” The involvement of Accused No. 2 was found to be tangential, stemming only from the registration of the vehicle used by Accused No. 1.
Furthermore, the Court considered the quantity of the seized Ganja (276 grams). While Ganja is listed under the NDPS Act, the quantum is relevant for the application of the stringent Section 37. As per the NDPS schedule:
- Small Quantity (Ganja): 1,000 grams (1 kg)
- Commercial Quantity (Ganja): 20,000 grams (20 kg)
Since the seized quantity of 276 grams is less than the specified Small Quantity limit of 1 kg, the matter does not attract the heightened rigors of Section 37 of the NDPS Act. The bail application could therefore be examined under the normal principles of criminal jurisprudence.
The Court noted that the petitioner was facing an “imminent threat of arrest” and concluded that extending the benefit of anticipatory bail, subject to strict conditions, would not impede the investigation process. The petitioner’s permanent residence and readiness to cooperate further supported the decision.
Order and Conditions for Anticipatory Bail
The petition was allowed, and the Court directed the respondent police to release Girija Shankar Singh on bail in the event of his arrest in Cr.No.16/2022-23. The petitioner must execute a personal bond for Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety for the like sum.
The anticipatory bail is subject to the following stringent conditions:
- He 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 them from disclosing such facts to the Court or to any police officer.
- He shall mark his attendance before the concerned Investigating Officer (I.O.) on every first Sunday of the month between 10:00 AM and 5:00 PM until the filing of the charge sheet or further orders.
- He shall attend before the Court on all dates of hearing without fail and shall not leave the jurisdiction of the Court till the conclusion of the trial without prior permission.
- He shall not threaten or try to tamper with the prosecution witnesses in any manner.
- He shall not commit a similar offence or any offense while on bail.
- He shall furnish his photo ID proof and the photo identity proof of his surety.
- Breach of any of these conditions will automatically lead to the cancellation of the bail.