Heard Sri.C.V.Sudhinda, learned counsel for the

petitioner

and

Sri.K.Rahul

Rai,

learned

High Court

Government Pleader for the respondent-State. Perused

the records.

2.

This petition is filed under Section 439 of

Cr.P.C. with the following prayer:

<Wherefore, the petitioner-accused No.2

most respectfully prayed that this Hon9ble Court

may be pleased to grant regular bail in

Cr.No.19/2022 registered by the respondent

Hulimavu police, pending on the file of the

XXXIII Additional City Civil and Sessions Judge

and Special Judge (NDPS) Bengaluru, for the

offences punishable under Sections 8(c), 21A,

21(C) of NDPS Act read with section 14 of

Foreigners Act and Section 12 of Passport Act,,

in the interests of justice and equity.=

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3.

The brief facts of the case are as under:

The PSI by name Sri.Veeranna P. Gullappanavar

when on patrolling duty received a credible information

that on 15.01.2022, somebody is indulged in selling

Narcotic Drugs and Psychotropic Substances. Accordingly,

he formed a team and raided a Nigerian citizen and

apprehended him and another person by name Ajay

Mahesh (petitioner herein).

4.

On enquiry with them they have revealed their

names and also head of the raid party was able to seize 50

grams of Hashish oil from the custody of the petitioner and

other Narcotic Drugs and Psychotropic Substances in larger

quantity from the pant pocket of accused No.1 who is a

Nigerian citizen. Thereafter, both the persons were

apprehended and brought before the Hulimavu Police

Station, Bengaluru City. The seized Narcotic Drugs and

Psychotropic Substances and apprehended persons were

handed over to the Station House Officer of Hulimavu

Police Station with a report.

4

5.

Based on the same, the Hulimavu Police

registered the case in Crime No.19/2022 on 15.01.2022

for the offences punishable under section 8(C), 21A,

21(C),

22(C)

of

Narcotic

Drugs

and

Psychotropic

Substances Act, 1985 (in short 8NDPS Act) and Section

14(a) (b) of Foreigners Act, 1946 and Section 12 of

Passport Act, 1967. Thereafter, the petitioner was

produced before the Special Court and he was sent to

judicial custody. The petitioner approached the District

Sessions and Special Court (NDPS), Bengaluru, for grant of

bail in Crl.Misc.No.756/2022. The learned Special Judge

vide order dated 11.02.2022 on contest rejected the

prayer made by the petitioner. Thereafter, the petitioner is

before this Court.

6.

Sri. C.V.Sudindra, learned counsel for the

petitioner reiterating the complaint averments vehemently

contended that seizure of Narcotic Drugs and Psychotropic

Substances i.e., Hashish oil from the custody of the

petitioner to the tune of 50 grams which is small quantity.

5

The allegation against the present petitioner is under

section 21(A) of NDPS Act for which maximum punishment

is one year rigorous imprisonment and fine of Rs.10,000/-

and therefore, case of the petitioner would not be

controlled by the provisions of Section 37(1) of NDPS Act

and accordingly, this Court exercise the power under

section 439 of Cr.P.C to enlarge the petitioner on bail.

7.

Per contra, learned High Court Government

Pleader opposes the bail petition by filing written

objections contends that huge quantity of Narcotic Drugs

and Psychotropic Substances has been seized from the

custody of both the accused. At this stage, it is difficult to

accept the contentions of the petitioner that he is only a

customer purchased drugs from the first customer. He

also contended that investigation is at the crucial stage

and if the accused person is enlarged on bail, same would

hamper the investigation process and he may not be

available for the trial and therefore, sought for rejection of

the bail.

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8.

This Court perused the materials on record

meticulously in the light of the rival contentions of the

parties.

9.

Admittedly, the quantity of the Narcotic drugs

seized to the tune of 50 grams is a small quantity. Even

according to the prosecution the petitioner is liable to the

offenc