This petition is filed under Section 439 of Cr.P.C. seeking

regular

bail

of

the

petitioner

in

Crime

No.92/2022

of

Soladevanahalli Police Station, Bengaluru City, for the offence

punishable under Sections 20(b), 20(b)(i) and 22(c) of Narcotic

Drugs and Psychotropic Substances Act, 1985 (8NDPS Act9 for

short).

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the case of the prosecution is

that

on

credible

information

that

on

parallel

road

of

Chikkabanavara railway station, two persons are selling ganja

and weed oil, upon receiving the information, the respondent

police intimated the same to ACP and secured the panch

witnesses and went and caught hold of accused persons and

they revealed the names of accused Nos.1 and 3 and recovered

ten packets of ganja each weighing 10 grams and 12 small

boxes of weed oil weighing 8 to 10 grams each. Accused Nos.1

and 3 further revealed to the police that they are residing at flat

3

No.1016, 10^th floor of Mahaveer Apartment and said that their

friend accused No.2 brings ganja and weed oil and gives to their

other friends accused Nos.4 to 7 and police went to the

apartment and found accused Nos.4 to 7 and recovered 1580

grams of ganja, 960 grams of weed oil and plastic boxes

containing weed oil weighing 2 grams, 5 grams and 10 grams

and in total 154 boxes, total weighing 1188 grams and hence

case has been registered and the matter in under investigation.

4.

The learned counsel for the petitioner submits that

this petitioner has joined the nursing college and he is pursuing I

year nursing and this petitioner was in the friend9s room, but he

has not indulged in any act of trafficking of drug and he is in

custody from 11.05.2022. The learned counsel submits that he

is not having any other criminal antecedents and hence he may

be enlarged on bail.

5.

Per contra, learned High Court Government Pleader

appearing for the respondent/State would submit that the seized

weed oil is 1188 grams and apart from that, ganja was also

seized and the same is weighing 2 grams, 5 grams and 10 grams

in total 154 boxes and all of them have indulged in trafficking of

4

the drug and the matter is under investigation and the very

presence of the petitioner is required for further investigation in

the matter.

6.

Having heard the learned counsel for the petitioner

and the learned High Court Government Pleader appearing for

the respondent-State and also on perusal of the material

available on record, this petitioner was also present along with

accused Nos.4 to 6 when the recovery is made. Accused Nos.1

to 3 revealed that the weed oil and ganja is in the apartment

and the same is a commercial quantity. The offences invoked

against the petitioner is against the Society at large and it

affects the Society and with an intention to curb the menace in

the society, the special enactment is brought into force when the

IPC offences are inadequate. This petitioner had indulged in

keeping the same along with friend. When such being the case,

it requires the personal custodial investigation of this petitioner

and at this juncture, when the investigation is not yet

completed, it is not a fit case to exercise the powers under

Section 439 of Cr.P.C. However, this Court can consider the

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same after filing of the charge-sheet and liberty is given to the

petitioner to approach the Court after filing of the charge-sheet.

7.

In view of the discussions made above, I pass the

following:

ORDER

The petition is rejected. However, liberty is given to the

petitioner to approach the Court after filing of the charge-sheet.

Sd/-

JUDGE

MD