Arraignment based on voluntary statement, quantity of seized drugs, and the status of the accused are relevant factors in considering bail under the NDPS Act.

JUDGMENT

1. This petition is filed under Sec. 438 of Cr.P.C. praying to enlarge the petitioner/accused No.4 on bail, in the event of his arrest in respect of Crime No.33/2021 registered by the E and N Crime Police Station, Mangaluru COP, Mangaluru City, for the offences punishable under Ss. 20(B)(II)(b) and 8-C of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS' Act for short).

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

3. The factual matrix of the case is that on 28/6/2021 at about 8.00 a.m., the complainant received the credible information that narcotic drugs are transported to sell the same to public as well as the students in a car. After having received the information, on 29/6/2021 at 10.00 p.m., he found a car bearing No.TN-74-AW-4970 near the post office and occupants of the car bought a box from the post office to keep the same in the car. When the car was intercepted, two persons were taken to custody. On verification, they found hydrovid ganja of 1.236 grams worth Rs.1,20,000.00 and also seized the mobile phone worth Rs.10,000.00 and the car.

4. Based on the complaint, case has been registered for the offences punishable under Ss. 20(B)(II)(b) and 8-C of the NDPS Act. The matter is under investigation. The police have also investigated the matter and filed the charge sheet. While filing the charge sheet, this petitioner is arraigned as accused No.4, based on the voluntary statement of accused No.2, who stated that he was carrying the ganja to handover the same to this petitioner.

5. Learned counsel appearing for the petitioner would submit that this petitioner is no way connected to the said crime and never involved in any illicit trafficking of drugs and only based on the voluntary statement of accused No.2, he has been arraigned as accused No.4. The counsel also would submit that the petitioner is a 4th year M.B.B.S. student in Yenepoya Medical College and if he is not enlarged on bail, his future carrier would be affected. Hence, he may be enlarged on bail. The learned counsel for the petitioner would also submit that accused Nos.2 and 3 are already enlarged on regular bail.

6. Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that, in the voluntary statement of accused No.2, he has stated that he along with accused No.3 were carrying the ganja to handover the same to this petitioner.

7. Having heard the learned counsel for the petitioner, learned High Court Government Pleader appearing for the respondent-State and also taking note of the factual aspects of the matter, it is not in dispute that the accused Nos.2 and 3 were carrying the ganja to deliver the same to this petitioner. In the voluntary statement of accused No.2, he has also stated that, earlier in the month of April, 2021, he delivered the ganja in favour of this petitioner. The name of this petitioner is not found in the FIR but, only on the voluntary statement of accused No.2, he has been arraigned as accused No.4.

8. Taking note of the fact that the petitioner is a medical student and only based on the voluntary statement of accused No.2, he has been arraigned as accused No.4 and also considering the fact that the quantity of the ganja seized was also intermediate quantity i.e., 1.236 grams. Hence, it is fit case to exercise the powers under Sec. 438 of Cr.P.C. in favour of the petitioner, subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

ORDER The petition is allowed. Consequently, the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.33/2021 registered by the E and N Crime Police Station, Mangaluru COP, Mangaluru City, for the offences punishable under Sec. 20(B)(II)(b) and 8-C of the NDPS Act, subject to the following conditions:-

(i) The petitioner shall surrender himself be