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

regular bail of the petitioner in Crime No.3/2021 of Excise Police

Station, Mysuru, for the offence punishable under Sections 8(c),

22(c), 27(a) and 28 of the 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

is

that

the

petitioner/accused was apprehended with Psilocbine mushrooms

(magic mushrooms) of 1,100 kgs., 0.657 kgs. and 1.093 kgs., in

all 2,850 kgs. and 385 packets consisting of powder capsule

0.235 kgs., DMT powder about 0.450 kgs., green colour MDMA

powder about 0.900 milligrams and LSD 0.010 milligrams and

hence invoked the offence under Sections 8(c) 22(c), 27(a) and

28 of the NDPS Act.

4.

The learned counsel for the petitioner would

vehemently contend that the alleged quantity seized is only a

3

raw material and not finished material. The learned counsel

would contend that this petitioner is in custody from the date of

arrest i.e., 04.08.2021 and not complied with the mandatory

provisions of Section 54 of the NDPS Act and the same is in clear

violation of Section 50 of the NDPS Act and so also in violation

of Section 42 of the NDPS Act and hence the petitioner is entitled

for bail.

5.

Per contra, the learned High Court Government

Pleader appearing for the respondent-State would submit that on

verification of the quantum, except MDMA, remaining quantum

are commercial quantity and investigation is not yet completed

and at this juncture, it is not a fit case to enlarge the petitioner

on bail taking note of the quantity of the material seized at the

behest of the petitioner.

6.

Having heard the learned counsel for the petitioner

and the learned High Court Government Pleader appearing for

the respondent-State and taking note of the Psilocbine

Mushrooms (magic mushrooms) in total 2,850 kgs., which is

commercial quantity and also the capsule as well as DMT

powder, the same are commercial quantity except MDMA and

4

LSD is also commercial quantity. When such being the factual

aspects of the case and when the matter is under investigation,

it is not a fit case to exercise the discretion during the course of

investigation taking note of the quantity, which was allegedly

seized from the petitioner. However, the petitioner can

approach this 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