Crl.Misc. No.2961/2024 KABC010083702024 In the Court of the XXXIV Additional City Civil and Sessions Judge and Special Judge, (NDPS), (CCH-35), Bengaluru Dated this the 5th 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.2961/2024 Petitioner: Brideshi Pradan, (Accused) S/O Adwaith pradan Aged about 21 Years, Juvaliyamba village, Niladri Prasad post, Kodra district, Odissa -752035 (By Sri. M. Prabhakar, Advocate) Vs. Respondent: The State by Inspector of Excise, Karnataka Excise Department, Shivaji Nagar Range, BUD-2, Sub Division-4. (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 / Crl.Misc. No.2961/2024 Accused No.1 to enlarge him on bail in Crime No.15/2023- 24/3710SIEI/371010 registered by Respondent – Excise SubInspector-I, Range13, Shivaji Nagar Sub Division-4, Begnaluru Urban District-2, for the offences punishable under Section 20(b) (ii) (B) & 8(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.1 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 23.03.2024, when Sri. Madhu Kantha B., Excise Sub-Inspector-I Crl.Misc. No.2961/2024 (ESI), Range13, Shivaji Nagar Sub Division-4, Begnaluru Urban District- 2, was patrolling along with staff within Shivajinagara range, he received a credible information from Sri. Suraj Kumar Tapa, Inspector, RPF Passenger Security, Bengaluru Division, through phone. Thereafter, at 11:00 a.m., ESI reached the Plat form No.1 of Bengaluru Cantonment Railway station and saw a person standing suspiciously by holding a black colour trekking bag in the platform and on suspicion encircled him and enquired as to his name and address and the contents of bag. On enquiry said person revealed his name and address. The ESI opened the bag and found 3 bundles wrapped in Khaki colour Cello tape containing dry ganja weighing 1 kg each, totally 3 kgs. Thereafter, ESI seized the ganja under seizure mahazar and prepared a complaint and registered a first information report under Crime No.15/2023-24/3710SIEI/371010 for the offences punishable under Section 20(b) (ii) (B) & 8(c) of NDPS Act. 7) The Petitioner in his petition has stated the following grounds to show that he is entitled for bail. i) The petitioner has not committed the offence as alleged. ii) That the alleged offences is not punishable with imprisonment for life or death. 8) 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.55, 1000 grams of ganja is specified as small quantity and 20 kg of ganja is specified as commercial quantity. The ganja recovered in this case from accused No.1 is 3 kgs, which is intermediate quantity. Crl.Misc. No.2961/2024 9) The offence alleged against the accused No.1 under Section 20(b)(ii)(B) of NDPS Act, is punishable with rigorous imprisonment for a term which may extend to 10 years. The offence alleged against the accused No.1 is not punishable with death or imprisonment for life. 10) Section 37 of NDPS Act, mandates that no person accused of offences punishable for offences under Section 19 or Section 24 or Section 27 A and also for offences involving commercial quantity shall be released on bail, unless the court satisfied that there are reasonable grounds for believing that accused is/are not guilty of such offences and that accused is/are not likely to commit any offences while on bail. 11) 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.” 12) 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. 13) As per the above Section 37(2) of NDPS Act, while deciding the bail application for offences except the offences punishable under Section Crl.Misc. No.2961/2024 19 or Section 24 or Section 27A and also for offences involving commercial quantity, Section 437(1) (ii) and Section 437 (3) are applicable. 14) Section 437(1) (i) & (ii) & Section 437(3) of Cr.P.C., reads as under: “437. When bail may be taken in case of non-bailable offence.- (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but— (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years; ……………………………………………………………………………. (3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under Sub-Section (1) the Court shall impose the conditions— Crl.Misc. No.2961/2024 (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. and may also impose, in the interests of justice, such other conditions as it considers necessary.” 15) The prosecution in the objection filed to this criminal miscellaneous petition has contended that if accused No.1 is released on bail, he may commit the similar offences, tamper with the prosecution witnesses and may not appear before the court. Accused No.1 is from State of Odisha. 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. 16) In view of the discussion, I made above, I am of the opinion that, Petitioner / accused No.1 is able to satisfy that there are reasonable grounds for believing that he is not guilty of the alleged offence. Hence, I answer point No.1 in the Affirmative. 17) 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 Crl.Misc. No.2961/2024 Criminal Procedure, 1973 filed by Petitioner / accused No.1 is allowed. The Petitioner / accused No.1 is enlarged on bail on execution of personal bond of Rs.1,00,000/- (Rupees One Lakh), along with one surety for the like sum in Crime No.15/2023-24/3710SIEI/371010 registered by Respondent – Excise SubInspector-I, Range13, Shivaji Nagar Sub Division-4, Begnaluru Urban District-2, for the offences punishable under Section 20(b) (ii) (B) & 8(c) of NDPS Act, 1985 on the following conditions: 1) The Petitioner / Accused No.1 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.1 shall cooperate with the Investigation Officer (I.O) for investigation. 3) The Petitioner / Accused No.1 shall regularly appear before the court. 4) The Petitioner / Accused No.1 shall produce copy of his Aadaar card before the court. 5) The Petitioner / Accused No.1 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.1 would entail cancellation of bail. (Dictated directly to the Stenographer on computer, after typed by her, corrected, signed and pronounced in the open court on this the 5th day of April, 2024). Digitally signed by RAGHAVENDRA RAGHAVENDRA G G Date: 2024.04.05 17:13:49 +0530 (G. Raghavendra) XXXIV Addl. City Civil & Sessions Judge & Special Judge (NDPS), Bengaluru.