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Judgment
S Vishwajith Shetty, J
Accused in Cr.No.305/2023 registered by Banaswadi Police station, Bengaluru City for the offences punishable under Section 8(c), 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter for short referred to as ‘N.D.P.S Act’) is before this court under Section 439 of Cr.P.C.
Heard learned counsel for the parties.
FIR in Cr.No.305/2023 was registered by Banaswadi Police Station for the aforesaid offences against the petitioner on the basis of the report submitted by Sri. Nagarana Naidalagi, Sub-Inspector of police attached to Banaswadi Police Station, Bengaluru city on 28.06.2023. In his report, the informant has stated that he had received a credible information on 28.06.2023 at about 7.00 p.m. that a person was attempting to sale contraband article allegedly MDMA to the public near golden guest House lodge, 2nd cross Kammanahalli Main road, Bengaluru within the jurisdiction of Banasawadi Police Station.
The informant after taking permission from his higher officer, had raided the alleged spot along with staffs and panchas and apprehended a person who was found moving suspiciously. On enquiry, he informed his name as Nishad Kizhakkan Nasser. From his possession, 18 grams of contraband article allegedly MDMA was seized. Thereafter, apprehended accused and seized contraband article were brought to the Police station and FIR in Cr.No.305/2023 was registered. Subsequently, apprehended accused was produced before the trial court and remanded to judicial custody.
His bail application filed before the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru in Crl.Misc.No.6600/2023 was rejected on 03.08.2023. Therefore, he is before this court.
Learned counsel for the petitioner submitted that the petitioner has no criminal antecedent and the contraband article seized from the petitioner has now tested positive to drug known as Methamphetamine. Accordingly, prays to allow the petition.
Per contra, learned HCGP has filed statement of objection opposing the bail application. However, he does not dispute that the sample of the contraband article forwarded for chemical examination has tested positive to drug known as Methamphetamine.
The material on record would go to show that on receipt of credible information, the police Inspector attached to Banasawadi police station conducted raid and apprehended petitioner, who was allegedly in possession of contraband article alleged to be MDMA. The total weight of seized contraband article is undisputedly 18 grams. The sample of the seized contraband articles was forwarded to chemical examination and the test report issued by the Forensic Science Laboratory reflects that sample contraband article forwarded to the laboratory has tested positive to drug known as Methaphetamine. As per relevant notification issued under the provision of NDPS Act, 50 grams and above quantity of Methamphetamine is considered as Commercial quantity. Undisputedly, contraband article seized in the present case weighed 18 grams. Therefore, the same would amount to intermediate quantity.
Under the circumstances, the rigor under Section 37 of NDPS Act is not applicable to the case on hand and the petitioner has no criminal antecedent. Therefore, this Court is of the view that the petitioner has made out a case for grant of regular bail.
Accordingly, I pass the following:
ORDER
The petition is allowed.
The petitioner is directed to be released on bail in Cr.No.305/2023 registered by Banaswadi Police station, Bengaluru city for the offences punishable under Section 8(c) and 22(C) of NDPS Act, 1985, subject to the following conditions:-
a. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakhs only) with two sureties for the likesum to the satisfaction of the concerned Court;
b. He shall not tamper with the prosecution witnesses either directly or indirectly;
c. He shall appear before the Trial Court regularly on all dates of hearing unless his presence is dispensed with the Trial Court for valid reasons.
d. He shall not leave the jurisdiction of the Court without prior permission from the said Court till the disposal of the case.
e. He shall not involve in similar Cases in future.