ORAL ORDER

Accused Nos.1 & 2 in Spl.C.No.14/2025 pending before the Court of Principal Sessions and Special Judge at Chikkamagaluru arising out of Crime No.99/2024 registered by Chikkmagaluru CEN Crime Police Station, Chikkamagaluru District for the offences punishable under Section 21A, 22(B), 29 & 8(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act)

are before this Court seeking regular bail.

2. Heard the learned counsel appearing for the parties.

3. FIR in Crime No.99/2024 was registered by Chikkmagaluru CEN Crime Police Station, Chikkamagaluru District against the petitioners and another for the aforesaid offences, on the basis of first information dated 10.10.2024 received from Sri Raghunath S.V, Police officer, attached to Chikkmagaluru CEN Crime Police Station. During the course of investigation, the petitioners were arrested on 10.10.2024 and subsequently remanded to judicial custody. Investigation of the case is complete and charge sheet has been filed.

4. The bail application filed by the petitioners before the jurisdictional Sessions Court in Spl.C.No.14/2025 was dismissed on 25.02.2025.

Therefore, they are before this Court.

5. Perusal of the material on record would go to show that after the petitioners were apprehended, from their possession contraband article allegedly MDMA weighing 11 grams and contraband article allegedly hashish oil weighing 84 grams was seized and subjected to panchanama. The contraband article allegedly MDMA is now tested positive to a drug known as 'Methamphetamine' as per the report of forensic science laboratory. Therefore, the seized contraband article Methamphetamine is of intermediate quantity. Hashish oil seized is of small quantity. The petitioners do not have any criminal antecedents. Investigation of the case is already completed and charge sheet has been filed. Since the seized contraband article is not of commercial quantity, the rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable to the petitioners herein.

6. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively.

7. Accordingly, the following:

ORDER

The petitioners are directed to be enlarged on bail in Spl.C.No.14/2025 pending before the Court of Principal Sessions and Special Judge at Chikkamagaluru District arising out of Crime No.99/2024 registered by Chikkmagaluru CEN Crime Police Station, Chikkamagaluru District for the offences punishable under Section 21A, 22(B), 29 & 8(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions:

a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioners shall not involve in similar offences in future;