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Judgment
S Vishwajith Shetty, J
Accused No.2 in Crime No.411/2023 registered by K.R.Puram police station, Bengaluru City, for the offences punishable under Sections 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS' Act for short), is before this Court under Section 439 of Cr.P.C.
Heard the learned counsel for the parties.
On the basis of the report dated 12.07.2023 submitted by C.A.Mahesh, Police Sub-Inspector, K.R.Puram Police Station, the officers of K.R.Puram police station had initially registered FIR in Crime No.411/2023 for the aforesaid offences against three unknown persons. The material on record would go to show that on the basis of the credible information received by the informant on 12.07.2023, after obtaining necessary permission from the higher officers to conduct the raid, the informant along with his staff and panchas had conducted raid on the alleged spot where the suspected were making attempt to sell the contraband article and had apprehended three persons from the spot. On enquiry they revealed their names as Riyas S/o Shahjahan, Ashwaak Ali S/o Mohammed Ali and Anand Raj S/o Somarajan. From the possession of accused No.1, 45 gms of contraband article MDMA was seized and from the possession of accused Nos.2 and 3, 35 gms and 40 gms of MDMA was seized respectively. The total weight of the seized contraband article was found to be 120 gms. The same was subjected to panchanama and the informant had brought the apprehended accused and seized contraband article to the police station and subsequently the accused persons were produced before the Court and remanded to judicial custody. The petitioner was produced before the Jurisdictional Court and remanded to the judicial custody along with accused Nos.1 and 3. Bail application filed by the petitioner before the trial Court in Crl.Misc.No.7405/2023 was rejected on 17.08.2023. Therefore, the petitioner is before this Court.
Learned counsel for the petitioner submits that from the possession of petitioner, 35 gms of contraband article MDMA was seized. The contraband articles seized from the accused person has responded positive for the drug known as Methamphetamine in the chemical examination test. Considering the said aspect of the matter, accused Nos.1 and 3 have been granted bail by this Court in Crl.P.8244/2023 disposed of on 08.11.2023. Therefore, he prays to allow the petition.
Per contra, learned HCGP who has opposed the bail application, however, does not dispute the submission made by the learned counsel for the petitioner.
The material on record would go to show that from the possession of the petitioner, who is arrayed as accused Nos.2 in the case, 35 gms of contraband article alleged to be MDMA was seized and he was apprehended along with accused Nos.1 and 3 and produced before the jurisdictional Court and all the accused persons were remanded to the judicial custody. The contraband articles seized was thereafter, forwarded to Forensic Science Laboratory for the purpose of chemical examination and the test report now received from the laboratory, would go to show that the contraband articles seized from the possession of the accused has responded positive to the drug known as methamphetamine. Undisputedly, from the possession of the petitioner, only 35 gms of contraband article was seized and since it has now responded positive for Methamphetamine, the same would amount to intermediate quantity. Accused Nos.1 and 3 who are similarly placed, have been enlarged on bail by this Court in Crl.P.No.8244/2023. The petitioner has no criminal antecedents. Under these circumstances, I am of the view that the petitioner has made out a case for grant of regular bail. Accordingly, the following:
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.411/2023 registered by K.R.Puram police station, Bengaluru City, for the offences punishable under Sections 8(c) and 22(c) of NDPS Act, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties and out of the two one shall be a local surety for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.