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Judgment
S Vishwajith Shetty, J
Accused in crime No.131/2023 registered by Kadugondanahalli Police Station, Bengaluru City, for the offences punishable under Sections 21(b) and 8C of the NDPS Act, is before this Court under Section 439 of the Cr.P.C.
Heard the learned counsel for the parties.
On a report of Basavaraj J., Sub-Inspector of Police, on 02.05.2023, the Station House Officer of the Kadugondana Halli Police Station registered FIR against the petitioner for the aforesaid offences. It is averred in the report that on 02.05.2023 at about 18.20 hours, the informant received a credible information that a person was selling narcotic drugs to the public and on receipt of the said information, the informant raided the spot along with his staff and panchas; apprehended a person who revealed his name as Salman and from his possession, 12 grams of MDMA crystal was seized and subjected to panchanama. Thereafter, the apprehended person and the contraband articles were brought to the police station and FIR was registered in Crime No.131/2023, by Kadugondanahalli Police against the petitioner. Investigation in the case is complete and charge sheet has been filed. The petitioner’s bail application before the XXXIII Additional City Civil and Sessions Judge & Special Judge (NDPS), Bengaluru in Crl.Misc.No.5710/2023, came to be rejected on 14.07.2023. Therefore, the petitioner is before this Court.
Learned counsel for the petitioner submits that the petitioner who is aged about 23 years is in custody since 02.05.2023 and he has no criminal antecedents. He also submits that the contraband drugs seized is of intermediary quantity.
Per contra, learned High Court Government Pleader opposes the bail petition and prays for dismissal of the petition.
The material on record would go to show that on 02.05.2023, on a credible information, the complainant had raided the spot and apprehended the petitioner and from his possession, 12 grams of MDMA crystal was seized and the same was subjected to panchanama. The sample drug was forwarded to FSL for chemical examination. The report now received from the FSL, would reveal that contraband drug seized and forwarded has tested positive for the drug Methamphetamine. As per the relevant notification of the Government, 50 grams and above quantity of Methamphetamine is considered as commercial quantity. Therefore, the seized contraband drug is of intermediary quantity. The petitioner is aged about 23 years and has no criminal antecedents. He is in custody since 02.05.2023. The investigation in the case is complete and charge sheet has been filed.
Under the circumstances, I am of the view that the petitioner has made out a prima facie case for grant of regular bail. Accordingly, the petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.131/2023, registered by the Kadugondanahalli Police, pending on the file of the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, for the offences punishable under Sections 8C and 21(b) of the NDPS Act, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (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;
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.