The court emphasized the importance of following proper procedures under the NDPS Act, particularly with respect to weighing contraband, which impacts bail decisions when trials are delayed.

ORDER :

S. VISHWAJITH SHETTY, J.

Accused No.1 in Spl.C.C.No.717/2024 pending before the Court of XXXIII Addl. City Civil & Sessions Judge & Special Judge (NDPS), Bengaluru arising out of Crime No.372/2023 registered by Govindapura Police Station, Bengaluru City for the offences punishable under Sections 8 (c) & 22(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) is before this Court seeking regular bail.

2. Heard the learned counsel appearing for the parties.

3. FIR in Crime No.372/2023 was registered by Govindapura Police Station, Bengaluru City against the petitioner herein for the aforesaid offences on the basis of first information dated 30.12.2023 received from Sri Anandkumar, Police Sub Inspector, attached to Govindapura Police Station. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 30.12.2023.

4. The bail application filed by the petitioner before the Trial Court was rejected. Therefore, he had earlier approached this Court in Crl.P.No.12814/2024, which was dismissed as withdrawn with liberty to the petitioner to file a fresh bail application before the Sessions Court for enlarging him on medical grounds. It is under these circumstances, the petitioner had filed a fresh bail application before the jurisdictional Sessions Court in Crl.Misc.No.1161/2025, which was rejected on 07.05.2025. Therefore, he is before this Court in this successive bail application.

5. Learned counsel for the petitioner submits that the seized contraband article was weighed in the present case along with cloth cover and total weight of the contraband article is 54 grams. The contraband article is not separately weighed and therefore exact quantity of contraband article has not been stated. In the present case, the petitioner, who has no other criminal antecedents is in custody for the last more than 1½ years. Trial in the case is yet to commence. Accordingly, he prays to allow the petition.

6. Per contra, learned HCGP has opposed the petition. She submits that, contraband article seized in the present case is of commercial quantity. The petitioner is a foreigner and in the event he is enlarged on bail, it would be difficult to secure his presence. Accordingly, she prays to dismiss the petition.

7. The first informant has stated in the typed first information dated 30.12.2023 that at about 16.10 hours on 30.12.2023, when he was in the Police Station he had received credible information about a person selling contraband article within the jurisdiction of Govindapura Police Station. Immediately thereafter a raid was conducted to the alleged spot, where a person was allegedly making attempt to sell contraband article to the public. The petitioner, who was present at the alleged spot was apprehended and from his possession contraband article allegedly MDMA totally weighing 54 grams, which was found in a cover was recovered and seized under panchanama. The petitioner, who was arrested in the case was produced before the Court and remanded to judicial custody. Subsequently, after completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences.

8. The material on record would go to show that, contraband article was found in a cover and the proviso under Section 52A of NDPS Act that was held before the jurisdictional Court of Magistrate would reflect that, contraband article was found in a cloth cover. Even the photographs taken during the course of inventory proceedings under Section 52A of NDPS Act would reveal that contraband article was packed in a cloth cover. Contraband article