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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF MARCH, 2022

BEFORE

THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL PETITION NO.10138/2021

BETWEEN:

TAMMIREDDI PRANEETH RAJ

S/O APPALA NAIDU,

AGE 20 YEARS,

R/AT AED-8, 2^ND CROSS ROAD,

SILERU, GUDEMKOTHA VEEDHI,

VISAKHAPATNAM,

ANDHRA PRADESH-531133. ... PETITIONER

(BY SRI. SRINIVAS S, ADVOCATE)

AND:

UNION OF INDIA,

NARCOTICS CONTROL BUREAU (NCB),

BANGALORE ZONAL UNIT,

THROUGH INTELLIGENCY OFFICER,

REP., BY ITS SPECIAL PUBLIC PROSECUTOR.

…RESPONDENT

(BY SRI.RAJESH RAI, SENIOR CENTRAL

GOVERNMENT PANEL COUNSEL FOR RESPONDENT)

THIS

CRIMINAL

PETITION

IS

FILED

UNDER

SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE

PETITIONER ON BAIL IN NCB. F.NO.48/1/22/2021/BZU OF

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NCB, BANGALORE ZONAL UNIT, BANGALORE FOR THE

OFFENCE PUNISHABLE UNDER SECTION 8(C) READ WITH

SECTION 22(A)(B)(C), 25, 27, 27A, 28,29 OF NDPS ACT,

PENDING ON THE FILE OF THE XXXIII ADDITIONAL CITY

CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR

NDPS, BANGALORE (CCH-33).

THIS CRIMINAL PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:-

O R D E R

Heard Sri. Srinivas S., learned counsel for the

petitioner and Sri. Rajesh Rai, learned Senior Central

Government Panel counsel for respondent – Narcotics

Control Bureau (‘NCB’ for short).

2.

The present petition is filed under Section 439

of Cr.P.C. seeking grant of bail.

3.

The brief facts of the case are as under:

Narcotics Control Bureau were able to apprehend a

Swift car bearing No.AP-37-DS-2191, near Devanhalli toll

gate on 22.10.2021 between 21.30 and 23.50 p.m. ON

the basis of the credible information, intercepted the free

movement of the said car. On thorough search of the car,

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the raid party were able to seize 21 grams of MDMA from

the dashboard of the car. Admittedly, the car is hired by

the passengers therein and the petitioner was the driver of

the car.

4.

After the raid party enquired about the license

or permit for possession/carrying the MDMA in the car.

The driver and the passengers informed that there is no

license. Since 21 grams of MDMA was found in possession

with the passengers of the car including the driver, the

raid party considered it as illegal and seized the same and

drafted a mahazar. The raid party also took the persons

inside the car including the driver to their custody and

produced them before the jurisdictional Special Judge.

Special Judge in-turn, sent them to judicial custody.

5.

The car in which the MDMA was being found is

also seized by the head of the raid party. The

investigation is still on. In the interregnum, the petitioner

approached the special Court for grant of bail.

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6.

Learned

special

judge

by

order

dated

10.12.2021 passed in Crl.Misc. 10346/2021, rejected the

request made by the petitioner noting the fact that 21

grams of MDMA, methamphetamine weighing 40 grams

and methaqualone weighing 3 grams were found in the car

and seized by the raid party.

7.

Learned judge also took note of the principles

of law enunciated by the Hon’ble Supreme Court in the

case of State of Kerala Vs. Rajesh reported in (2020)

12 SCC 122 especially with regard to the commercial

quantity and also took notice of the principles of law

enunciated in the case of State of MP Vs. Kajad reported

in 2001 (7) SCC 673 and also in the case of Babua Vs.

State of Orissa reported in 2001 (2) SCC 566 and

rejected the bail by resorting to the provisions of Section

37 of the Narcotics Drugs and Psychotropic Substances

Act, 1985 (hereinafter referred to as ‘NDPS Act’ for short).

Thereafter, the petitioner is before this Court.

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8.

Sri. Srinivas S., learned counsel for the

petitioner

vehemently

contended

that

the

present

petitioner is only a driver and he cannot be held

responsible for the drugs that was found in the dashboard

of the car and there is no direct nexus