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Judgment
S Vishwajith Shetty, J
Accused No.1 in Spl.C.No.680/2024 pending before the Court of XXXIII Addl. City Civil and Sessions Judge & Special Judge (NDPS), Bengaluru, arising out of Crime No.286/2023 registered by Adugodi Police Station, Bengaluru City for the offences punishable under Sections 20(b)(ii)(B) and 22(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) is before this Court seeking regular bail.
Heard the learned counsel appearing for the parties.
FIR in Crime No.286/2023 registered by Adugodi Police Station, Bengaluru City against the petitioner herein and another for the aforesaid offences, on the basis of first information dated 02.10.2023 received from Sri Nagaraj Sangappa Shettar, Police Sub Inspector, attached to Adugodi Police Station, Bengaluru City. During the course of investigation, the petitioner who was arrayed as accused No.1 in the charge sheet was produced before the jurisdictional Court and remanded to judicial custody on 02.10.2023. Investigation in the case is complete and charge sheet has been filed against the petitioner and another for the aforesaid offences.
The bail application filed by the petitioner before the jurisdictional Sessions Court in Spl.C.C.No.680/2024 was dismissed on 01.08.2024. Therefore, he is before this Court.
Learned counsel for the petitioner submits that the petitioner is a youngster, aged about 19 years and he has no criminal antecedents. The contraband article seized in the present is of intermediate quantity. Accordingly, he prays to allow the petition.
Per contra, learned HCGP has seriously opposed the petition. He submits that the petitioner is involved in another criminal case registered for the offence punishable under Section 307 of IPC. Accordingly, he prays to dismiss the petition.
In the present case, the first informant who had received credible information had conducted a raid to the alleged spot where the petitioner was attempting to sell contraband articles to public. On enquiry, he allegedly informed the first informant that accused No.2 had supplied him contraband articles which was in his possession. From the possession of the petitioner, 2 kg 250 grams of contraband article ganja and 12 grams contraband article allegedly MDMA was seized. Thereafter, seized contraband article was subjected to panchanama and the petitioner who was apprehended was taken to Police Station and FIR in Crime No.286/2023 was registered against him and Manoj Kumar. Investigation in the case is completed and charge sheet has been filed.
The contraband article allegedly MDMA seized from the possession of the petitioner has now tested positive to a drug known as 'Methaamphetamine'. The quantity weighing above 50 grams of 'Methaamphetamine' is considered as commercial quantity. The contraband article seized from the possession of the petitioner is therefore intermediate quantity. Under these circumstances, the rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable to the petitioner. The petitioner who is aged about 19 years is in custody from 02.10.2023. There is no progress in the trial before the Sessions Court. Undisputedly, the petitioner is not having any similar criminal antecedents. In the case registered against him for the offence punishable under Section 307 of IPC, it is stated that he is already granted bail.
Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.
Accordingly, the following:
ORDER
The petitioner is directed to be enlarged on bail in Spl.C.No.680/2024 pending before the Court of XXXIII Addl. City Civil and Sessions Judge & Special Judge (NDPS), Bengaluru, arising out of Crime No.286/2023 registered by Adugodi Police Station, Bengaluru City for the offences punishable under Sections 20(b)(ii)(B) and 22(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties 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;