The petitioner has filed the petition under Section 439 of

Cr.P.C. for enlarging him on bail in Kushala Nagar Police Station

in Crime No.112/2022, registered for the offence punishable

under Section 20(b) of Narcotic Drugs and Psychotropic

Substances Act, 1985 ('NDPS Act' for short).

2. Heard the learned counsel for petitioner and learned

HCGP for respondent-State. Perused the records.

3. The brief factual matrix leading to the case are that on

07.10.2022,

the

complainant-Investigating

Officer

has

apprehended the petitioner along with other accused, while

they were found travelling in vehicle bearing registration

No.KA-19-N-3957 and some cash was recovered from personal

search of the present petitioner and from the car 2.215KG of

ganja was recovered. The petitioner was arrested on

07.10.2022, and was produced before the concerned Court on

the next day and was remanded to judicial custody.

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4.

Later on, he has approached the learned Special

Judge / Principal District and Session Judge, Madikere seeking

regular bail but his bail petition came to rejected. Hence, he

has approached this Court.

5.

Having heard the arguments and perusing the

records, the allegations disclose that 2.215kg of ganja was

recovered from the vehicle in which the petitioner was

travelling. In a personal search, only some cash was

recovered. Any how the allegations disclose that total recovery

was to the extent of 2.215kg of Ganja, which is less than

commercial quantity and more than a smaller quantity. Hence,

it is a intermediate quantity and the punishment prescribed is

up to 10 years with fine to the extent of Rs.1,00,000/-.

6.

During the course of the argument, it is also

submitted that the matter is still at the stage of investigation

and charge sheet is not yet laid down. The petitioner was

apprehended on 07.10.2022 and he was produced before the

concerned Magistrate on 08.10.2022. Even after lapse of 60

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days, the charge sheet has not been laid down. Section 36-

A(4) applies to an offence pertaining to a commercial quantity,

wherein, the statutory bail period was extended from 90 days

to 180 days but, as regards, the statutory period under Section

167 pertaining to intermediate quantity pertaining to the

offence under the NDPS Act, there is no extension and the

Investigating Officer is required to submit the charge sheet

within 60 days. Admittedly, charge sheet is not submitted

within 60 days and Hence, in view of the decision reported in

(2017) 15 SCC 67 in the case of RAKESH KUMAR PAUL Vs.

STATE OF ASSAM, it is not required for the petitioner to move

a separate application for seeking statutory bail and oral

request can also be considered, since the right granted is a

indefeasible right.

7.

Further, this is again reiterated by the Co-ordinate

Bench of this Court in Crl.P.No.1104/2021 disposed on

19.03.2021 and Crl.P.7576/2021 clubbed with Crl.P.8333/2021

disposed on 29.10.2021. Considering these aspects without

going to the merits of the case, since the charge sheet has not

been laid down within 60 days as per the mandate of the law,

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the petitioner is entitled for statutory bail, since the

intermediate quantity of ganja is involved. Subject to certain

conditions, the petition needs to be allowed and accordingly, I

proceed to pass the following:

ORDER

I.

Criminal Petition is allowed.

II.

The petitioner is ordered to be enlarged on bail in

Crime No.112/2022 of Kushala Nagara Police Station,

registered for the offence punishable under Section

20(b) of NDPS Act, on his executing a personal bond in

a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with

two sureties for the like-sum to the satisfaction of the

concerned

special

Court,

subject

to

following

conditions:-

i)

The petitioner shall not tamper with the

prosecution

witnesses

directly

or

indirectly;

ii)

The petitioner shall not indulge in any

similar offences;

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iii)

The

petitioner

shall

not

leave

the

jurisdiction of the trial Court without prior

permi