The main legal point established is the significance of complying with search and seizure procedures under the NDPS Act and the inapplicability of changed circumstances to warrant bail under Sec. 37 of the NDPS Act.

JUDGMENT :

1. These petitions are filed under Sec. 439 of Cr.P.C. to enlarge the petitioners on bail in Cr.No .233/2020 of Ashoknagar police station, registered for offence punishable under Ss. 8(C), 20(C) and 22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). Petitioner in Criminal Petition No.8300/2021 is accused No.2 and petitioner in Criminal Petition No.5879/2021 is accused No.1. These are successive bail petitions filed by the petitioners.

2. The earlier petitions filed by accused Nos.1 and 2 in Crl.P.No.5758/2020 c/w Crl.P.No. 5738/2020 were dismissed by a common order dtd. 3/2/2021.

3. The learned counsel for petitioners submits that earlier petitions were dismissed when the investigation was pending and no w the charge- sheet is filed and therefore, petitioners have filed the present petitions, as their bail petitions filed subsequent to filing of the charge-sheet have been rejected by the learned Sessions Judge.

4. The contentions of the learned counsel for petitioners are summarized as under: The procedure followed while conducting search and seizure is in violation of Ss. 50, 52 and 57 of the NDPS Act. The complainant has not informed the accuse d persons of their right of being searched in the presence of a Gazetted Officer and the nearest Magistrate as contemplated in the NDPS Act. The Statute provides that the accused shall be informed about their rights of being searched by a nearest Gazetted Officer and in the case on hand, CW-9, namely the Assistant Commissioner of Police is not the nearest Gazetted Officer. There is no preliminary test conducted at the time of seizure to come to a conclusion that the contraband is a drug as alleged. No drug detection kit has been carried to the spot and there fore, it cannot be said that what was seize d from the possession of accused was a Narcotic or Psychotropic Substance as alleged by the prosecution. No independent witnesses have been secured by CW-1. The seized drug is weighed by a normal weighing machine which is not permissible. There is delay in drawing the inventory and sending the contraband to the FSL and therefore, there is no compliance of Sec. 52 (A) of the NDPS Act. The report has not been submitted to the higher officers as provided under Sec. 57 of the NDPS Act. The signature is not taken in the seizure mahazar.

5. It is also contended that the petitioners have old aged parents and the petitioners are the only bread earners of the family. Now, the investigation is completed and charge-sheet has been filed and therefore, by imposing any condition, the petitioners may be enlarged on bail.

6. The High Court Government Pleader has opposed grant of bail to the petitioners contending that the seize d drugs is a commercial quantity which is not in dispute and the petitioners were caught red handed and hence, there is a prima facie case against them. Therefore, in vie w of Sec. 37 of the NDPS Act, the petitioners are not entitled for the relief. She further contends that this Court has already applied its mind to the seizure panchanama and the procedure followed and rejected the bail petition and there is no changed circumstance except the fact that the investigation is completed and charge-she et has been filed. She further contends that in the event of grant of bail to the petitioners, there are chances of they committing similar offences and also fleeing from justice. Accordingly, she seeks to dismiss the petition.

7. Brief facts are that, on receiving a credible information on 16/9/2020 at about 7 a.m., that two persons in a white colour Datsun car bearing registration No.KA-03/NA-8425, near RNI Compound, MG Road, Bengaluru, are in possession of L.S.D strips, Ecstasy Pills and DHC items and they are selling the same to the public and illegally earning money, the complainant and other police officials along with panchas went to the spot and apprehended the petitioners/accused Nos.1 and 2. From their possession, 50 jel