The petitioner-accused No.3 is before this Court

seeking grant of bail under Section 439 of Cr.P.C. in Crime

No.136/2022 of Byappanahalli Police Station, pending on

the file of the Addl. Metropolitan Magistrate (Traffic Court-

I), Mayo Hall, Bengaluru registered for the offences

punishable under Sections 8(c), 20(b)(ii)(c), 21(c), 27(a)

and 29 of Narcotic Drugs and Psychotropic Substances Act,

1985, (for short ‘NDPS Act’) on the basis of the first

information lodged by the informant B.S.Ashok, Police

Inspector.

2.

Heard Sri.Jithendra.M.S, learned Counsel for

the petitioner and Sri.H.S.Shankar, learned High Court

Government Pleader for the respondent -State. Perused

the materials on record.

3.

Learned Counsel for the petitioner submitted

that the petitioner is arrayed as accused No.3. He is

- 3 -

innocent and he has not committed any offences as

alleged. He has been falsely implicated in the matter

without any basis. He was apprehended on 19.10.2022

and since then he is in judicial custody. It is alleged that

the petitioner was in possession of 3 Kgs of ganja. The

petitioner and accused Nos.1 and 2 are contractual

employees working in railways at Tripura. They are Safai

Karmacharies who have come to Bengaluru. Investigation

has been completed and the charge sheet is also filed. He

is not required for further investigation. Since the

investigation is already completed, detention of the

petitioner

in

custody

would

amount

to

pre-trial

punishment. The petitioner is the permanent resident of

the address mentioned in the cause title to the petition

and is ready and willing to abide by any of the conditions

that would be imposed by this Court. Hence, he prays to

allow the petition.

4.

Per contra, learned High Court Government

Pleader opposing the petition submitted that serious

- 4 -

allegations are made against the petitioner for having

committed the offences. On credible information the

investigating officer along with staff went to the railway

station and found accused Nos.1 to 3 who were in joint

possession of 6 Kgs of ganja and Hasish oil weighing 1 Kg

10 gms, which is of commercial quantity. The contraband

were seized in the presence of the panchas. After

investigation, the charge sheet is filed. However, accused

Nos.4 and 5 who are the suppliers of the contraband to

accused Nos.1 to 3 are still absconding. It is suspected

that the petitioner along with the co-accused involved in

drug trafficking in a systematic manner. The petitioner is

the

permanent

resident

of

Tripura.

Under

such

circumstances, the petitioner is not entitled for grant of

bail. If he is enlarged on bail, there is every chance of

absconding. Hence, he prays for dismissal of the petition.

5.

In view of the rival contentions urged by the

learned counsel for both the parties, the point that would

arise for my consideration is:

- 5 -

“Whether the petitioner is entitled

for grant of bail under Section 439 of

Cr.P.C.?”

My answer to the above point is in ‘Negative’ for the

following:

R E A S O N S

6.

The allegations made against the petitioner is of

serious nature. It is the contention of the petitioner that

since the petitioner was found in possession of 3 Kgs of

ganja which is of intermediate quantity, he is entitled for

grant of bail. But the fact remains that accused Nos.1 to 3

were found together carrying 3 bags and it was a joint

recovery. From the custody of accused Nos.2 and 3

respectively 3 Kgs of ganja and 1.10 Kg of Hasish oil from

accused No.1 were recovered. At this stage, it cannot be

said that petitioner was in possession of only 3 Kgs of

ganja. Learned counsel for the petitioner categorically

states that accused Nos.1 to 3 are the contractual

employees of railways working at Tripura, came together

- 6 -

to Bengaluru in Indian Railways and they were found in

possession of the contraband as stated above. Under such

circumstances, the contraband seized from co-accused

cannot be separated to avoid the rigor under Section

37(1)(b)(ii