A bail petition under the NDPS Act emphasizes the presumption of innocence and conditions for release rather than pre-trial punishment.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition is filed under Section 439 of Criminal Procedure Code (‘Cr.PC’ for short) for grant of regular bail in Crime no.87/2024 by Dharwad Town Police Station for offence punishable under Section 20 (b) (ii) (B) of Narcotic Drugs and Psychotropic Substances Act , 1985 (‘NDPS’ for short) by accused no.1.

2. Sri Vasant G. Holeyannavar, learned counsel for petitioner submitted case of prosecution was that a complaint was filed by Sri NC Kadadevar, Police Inspector, Dharwad Town Police Station stating that on 09.08.2024 at 6:00 a.m., while he and his team were on patrolling duty, they received credible information that in Kamanakatti area, some unknown persons were carrying intermediate quantity of Ganja in a bag with intention to sell it near Nuchhambali Well, Hosayellapur area. On receipt of information, he went near spot, conducted search of petitioner, by following procedure. And total quantity of 1942 Grams of Ganja was recovered (i.e. 1907 Grams from accused no.1/petitioner, 20 Grams from accused no.2 and 15 Grams from accused no.4).

3. It was submitted, petitioner was innocent, law abiding citizen permanently residing at Hosayellapur with his family members and was falsely implicated and was in custody since arrest on 09.08.2024. In meanwhile, prosecution completed investigation and filed charge-sheet. But, conclusion of trial was likely to take time as prosecution sought to rely on 17 witnesses. It was submitted, accused no.2 to 4 were granted bail by learned District Judge and refusal in case of petitioner was without reasons. On above grounds, learned counsel sought for allowing petition on any conditions.

4. On other hand, Sri Jairam Siddi learned HCGP opposed petition. It was submitted, search was conducted as per procedure and intermediate quantity of Ganja was recovered from petitioner. Investigation was completed and statements of prosecution witnesses recorded during investigation would implicate petitioner. It was submitted since offence alleged was under NDPS, crime was against society.

Besides, there was also criminal antecedent. Hence prayed for dismissal.

5. Heard learned counsel and perused material on record.

6. From above, point that would arise for consideration is:

“Whether petitioner is entitled for regular bail on conditions?”

7. From above it is seen, this petition for regular bail is by accused no.1. It is not in dispute that accused no.2 to 4 were already enlarged on bail. Though prosecution seeks to contend that there was recovery of 1907 Grams Ganja from petitioner and material collected during investigation would implicate petitioner for serious offence under Section 20 (ii) (B)

of NDPS, punishable with imprisonment for upto 10 years. 8. But, it is seen charge-sheet is already filed on

25.09.2024, wherein prosecution has cited 17 witnesses. Firstly, quantity seized is intermediate quantity; secondly whether petitioner committed offences alleged would be matter for trial; thirdly presumption under Section 37 of NDPS will not be attracted. Since there would be presumption of innocence until held guilty by Court and as held, purpose of bail was not to punish, but to ensure that accused attended trial, concerns of prosecution could be addressed by imposing appropriate conditions. Hence point for consideration is answered in affirmative. Consequently, following;

ORDER

Petition is allowed. Petitioner/accused no.1 is ordered to be released on bail in Spl.NDPS.CC.no.22/2024 (Crime no.87/2024 of Dharwad Town Police Station) for offences punishable under Section 20 (b) (ii) (B) of NDPS, subject to following conditions:

a) Petitioner/accused no.1 shall execute a personal bond in a sum of Rs.50,000/- with two sureties for likesum to satisfaction of Court.

b) He shall be regular in attending Court proceedings.

c) He shall forthwith inform any change of his residence.

d) He shall not involve in any similar activities.

e) He shall not leave jurisdiction of above C