An accused charged with possession of an intermediate quantity of ganja under the NDPS Act may be granted regular bail if they make out a prima facie case and meet certain conditions.

Accused No.2 in Crime No.157/2023 registered by

MICO Layout Police Station, for the offence punishable

under Sections 8(c), 20(b)(ii)(B), 22(c) of N.D.P.S.Act, is

before this Court seeking regular bail.

2. Heard the learned counsel for the parties.

3. On the complaint of Deepak.R, Police inspector,

CCB, Bengaluru dated 04.06.2023 Mico Layout Police

Station,

Bengaluru

have

registered

FIR

in

Crime

No.157/2023 for the aforesaid offences against the

petitioner. In the complaint it is averred that contraband

article i.e., 1,072 grams of ganja was seized from the

possession of the petitioner. Investigation in the case is

completed and charge sheet has been filed. Petitioner's

bail application filed before the Court of XXXIII Addl. City

Civil and Sessions Judge and Special Judge (NDPS),

Bengaluru,

CCH-33

in

Crl.Misc.No.8252/2023

was

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dismissed on 05.09.2023. Under these circumstances,

petitioner is before this Court.

4. Learned Counsel for the petitioner has reiterated

the grounds urged in the petition and submits that the

contraband article i.e., 1,072 grams ganja seized from the

petitioner is an intermediate quantity and prays to allow

the petition.

5. Per contra, the learned HCGP has opposed the bail

application and submits that the petitioner is a habitual

offender selling Ganja and LSD Strips to known customers,

college students and IT and BT employees to make money

illegally and accordingly, prays to dismiss the petition.

6. Perusal of the material evidence on record would

go to show that on receipt of credible information, accused

Nos.1 to 3 were apprehended and from their possession,

contraband articles were seized. The seizure mahazar

dated 04.06.2023 would go to show that from the

possession of the petitioner, 1,072 grams of contraband

articles, viz., ganja was seized. The total quantify of the

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ganja seized in the present case is of intermediate

quantity. LSD strips weighing 0.263 grams has been

seized in the present case from the possession of Accused

No.1. Accused No.3 from whose possession 1,038 grams

of ganja was seized has been granted regular bail in

Criminal Petition No.7051/2023. Investigation in the case

is complete and charge sheet has been filed. The

apprehension of the learned HCGP is that the petitioner

who is from Kerala may not co-operate for trial can be

taken care of by imposing appropriate conditions. Under

these circumstances, I am of the view that, petitioner has

made out a prima facie case for grant of regular bail.

Accordingly, the following:

ORDER

The petition is allowed. The petitioner is directed to

be enlarged on bail in Crime No.157/2023 of Mico Layout

Police Station registered for the offences punishable under

Sections 8(c), 20(b)(ii)(B), 22(c) of N.D.P.S.Act, subject to

the following conditions:

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a)

Petitioner shall execute personal bond for

a sum of Rs.1,00,000/- (one lakh) with two

sureties for the likesum, out of which, one

surety shall be a local surety, to the satisfaction

of the jurisdictional Court;

b)

The petitioner 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

petitioner

shall

not

directly

or

indirectly

threaten

or

tamper

with

the

prosecution witnesses;

d)

The petitioner shall not involve in similar

offences in future;

e)

The

petitioner

shall

not

leave

the

jurisdiction

of

the

Trial

Court

without

permission of the said Court until the case

registered against him is disposed off.

Sd/-

JUDGE

BNV