ORDER

The petitioner has filed the Criminal Petition under Section 439 of Cr.P.C., enlarge him on bail in CR.No.389/2023 of Vidyaranyapura Police Station, Bengaluru City registered for the offences punishable under Sections 8(c), 22(c) of NDPS Act, 1985 pending on the file of 41st Additional Chief Metropolitan Magistrate, Bengaluru.

2. The allegations of the prosecution discloses that on 14.11.2023 on the basis of credible information, Sub- Inspector of Vidyaranyapura Police Station has apprehended the petitioner along with accused No.1, beside of Muslim Graveyard Road, Balaji Layout, Vidyaranyapura, Bengaluru and they were found in possession of 13 grams of MDMA tablets. Hence, they were arrested and this case came to be registered.

3. The petitioner has approached before the learned XXXIV Additional City Civil and Sessions Judge and Special Judge, (NDPS), Bengaluru in Crl.Misc. No.11160/2023, seeking regular bail and the learned Sessions Judge has rejected the bail petition vide order dated 28.11.2023. Hence, petitioner is before this Court seeking the bail.

4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent/State.

5. Perused the records.

6. The learned counsel appearing for the petitioner contended that, petitioner is arrayed as accused No.2 and 13 grams of MDMA is alleged to have been recovered. But, in mahazar there is no specific mention as to the quantity seized from the possession of accused No.1 and accused No.2. He would also contend that the petitioner was falsely implicated in this case and he would further asserts that since 14.11.2023 he is in custody and sought to enlarge the petitioner on bail.

7. Per contra, the learned High Court Government Pleader would seriously oppose the bail petition contending that, 13 grams of MDMA Ecstasy was seized from the custody of the petitioner and it is specified as commercial quantity. He would also assert that there is a presumption in favour of prosecution under Section 35 of the NDPS Act regarding culpable state of mind and no material evidence is placed to rebut the said presumption. Hence, he would contend that matter is still at the stage of investigation and considering the gravity and nature of the offence, he would seek for rejection of the bail petition.

8. Having heard the arguments and perusing the records, it is evident that on 14.11.2023 the present petitioner along with accused No.1 were apprehended and 13 grams of MDMA was seized. Admittedly, accused No1 is a Nigerian and being a Foreign Citizen, is involved in drug mafia. The petitioner was found to be dealing with him and he was found in custody and possessed MDMA Tablets. There is a presumption under Section 35 of the NDPS Act in favour of the prosecution regarding culpable state of mind. Further, the offence is against the entire society and targeted group is college students. Further, the minimum sentence prescribed under the Act is 10 years and maximum is 20 years.

9. Considering the nature and gravity of the offence committed and considering the fact that, the matter is still at the stage of investigation, this is not a fit case to grant bail and discretion can not be exercised in favour of the petitioner. Hence, the petition is devoid of merits and does not survive for consideration.

Accordingly, the petition stands rejected.