ORDER :

Crl.P.No.1641/2020 has been preferred by petitioner/accused No.2 and Crl.P.No.1685/2020 has been preferred by petitioner/accused No.1 under Section 439 of Cr.P.C. to release them on bail in NCB.F.No.48/1/1/2020/BZU for the offences punishable under Sections 8(c), 8A read with Sections 22, 23, 25, 27A, 27B, 29, 32B(a) of NDPS Act (pending on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge, Bengaluru).

2. I have heard the learned counsel Sri. T. Prakash for petitioners/accused Nos.1 and 2 virtually and learned Senior CGSC Sri. Madhukar Deshpande for the respondent.

3. The case of the prosecution in brief is that on 07.01.2020 at about 12.30 p.m., on receiving a credible information that two persons residing at a hotel Tripura Deluxe were dealing with the drugs, necessary information was given to the superior officers, panchas were secured and the officers went to the said hotel and made a raid in room No.401 and they found a brown colored bag which was placed on a small table near the bed, accused No.1 opened it and took out a white colored tiffin box, envelope and on being opened it, four to five coloured polythene pouches were found filled with white crystalline substances and accused No.1 disclosed that it was methamphetamine. The contraband from all of the pouches were same in colour/texture; smell etc. It was taken out from the pouches and placed in a single polythene and mixed homogeneously and on being weighed it was found 500 gms and after taking the samples of 5 gms each, a mahazar has been drawn and a case has been registered and accused persons were arrested.

4. It is the submission of the learned counsel for petitioners/accused Nos.1 and 2 that already accused No.3 has been released by Coordinate Bench in Crl.P.No.1570/2020 by order dated 17.06.2020 and on the ground of parity, petitioner/accused No.2 is entitled to be released on bail. It is his further submission that the quantity of the charas which is said to have been seized is one kg and subsequently, the chemical report has been obtained through the letter dated 06.05.2020 and the percentage of THC is only 0.3.8% it will be considered to be a smaller quantity. He further submits that in order to call it as a commercial quantity, segregation of the material has to be taken into consideration. It is his further submission that Hydrochloride and methamphetamine together has been calculated and under such circumstances, it is not a larger quantity. He further submitted that hydrochloride is not a prohibited drug and if it is separated, it is less than the quantity which is required. It is his further submission that already, the investigation has been completed and the charge sheet has been filed. No bad antecedents have been alleged as against petitioner/accused No.2. It is his further submission that petitioner/accused is not required for the purpose of investigation or interrogation, in that light, he has relied upon the decision of the Hon’ble Apex Court in the case of Sujit Tiwari vs. State of Gujarat and Others in Crl.A.No.1897/2019. He has also further submitted that the Coordinate Bench of this Court in the case of Jai Joseph vs. State of Karnataka in Crl.P.No.3124/2020 dated 16.07.2020 has held that if the investigation has been completed and the petitioner is not required for the purpose of investigation, then under such circumstances, the petitioner is no longer required for the Investigating Agency for the purpose of investigation. Under such circumstances, he is entitled to be released on bail. He further submits that the quantitative and qualitative test has not been done properly by the Investigating Agency and at this stage, the quantitative and qualitative test if it cannot be done, the benefit of doubt has to be given to the petitioner/accused. He further submitted that petitioner/accused No.1 is ready to abide by any of the conditions that may be imposed by this Court and ready to offer the sureties. On these gr