This petition is filed under Section 439 Cr.P.C. praying to

enlarge the petitioner - accused No.1 on bail in Cr. No.

135/2022 of Madiwala Police Station, registered for the offence

punishable under Sections 20(b), 8(c), 21(c), 22(C) of Narcotic

Drugs and Psychotropic Substances Act, 1985. Investigation is

completed and charge sheet is filed against accused Nos.1 to 4.

2.

I have heard the submissions of the learned counsel

for petitioner and learned High Court Government Pleader for

respondent - State and perused the material on record.

3.

The case of the prosecution is that, on 26.07.2022

at about 2.45pm, the first informant, working as Head

Constable at Madiwala Police Station, received a credible

information that accused Nos.1 to 3, named in the FIR, are

involved in selling Ganja and MDMA tablets near Kadalekai

Mandi in Jakkasandra and that the said persons will be coming

near the Mandi in the evening for selling the Drugs.

4.

On

receiving

the

said

information,

the

first

informant lodged a complaint at Madiwala Police Station.

Based on which, a case in Cr. No.122/2022 was registered

against accused Nos.1 to 3 and investigation was taken up. On

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the same day, Police secured panch witnesses and went to the

spot at about 5.00pm and noticed three persons in a suspicious

manner holding a plastic cover and selling something to the

public. They were surrendered and apprehended by the Police.

From their possession, 1 kg. 300 grams of Ganja and 11 grams

45 miligrams of MDMA, which was kept in plastic packets,

valued at Rs.63,000/-, were seized. The accused were arrested

and produced before the Court and they were remanded to

judicial custody.

5.

According to the prosecution, accused Nos.1 to 3

purchased the drugs from accused No.4 and they were trying to

sell the same to the general public.

6.

Learned counsel for petitioner contends that there

is procedural lapse in conducting the search and seizure and

the search was neither conducted in the presence of a Gazette

Officer nor the petitioner was taken before the Magistrate. He

contends that even before the arrest of the accused persons

FIR has been registered naming them, which shows that the

Police have falsely implicated the petitioner. He contends that

the petitioner is innocent and he has been made a scapegoat in

this case. He contends that the offences alleged are not

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exclusively punishable with death or life imprisonment and

accused No.4 has already been enlarged on bail. He submits

that the petitioner is having deep roots in the society and he is

ready to offer solvent surety to ensure his appearance before

the Court on all dates of hearing. He prays to allow the petition

and enlarge the petitioner on bail.

7.

Learned HCGP vehemently opposing the prayer of

the petitioner contends that commercial quantity of drug has

been seized from the possession of the petitioner in the

presence of panch witness and hence, there is a prima facie

case against the petitioner. He contends that the offence

committed is heinous in nature and in view of Section 37 of

NDPS Act petitioner is not entitle for bail, since there is a prima

facie case against the petitioner. He has therefore sought to

dismiss the petition.

8.

I have perused the FIR. The contents of it reveal

that the first informant received a credible information that the

accused persons, named in the FIR, are involved in selling the

Ganja and MDMA tablets to the general public near Kadalekai

Mandi at Jakkasandra. On receiving the said information FIR

was registered against three named accused including the

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petitioner herein. The material on record reveal that after

taking the permission from the Superior Officer, the Police

along with panch witnesses have gone to the spot and

apprehended accused Nos.1 to 3.

9.

It is specifically stated in the mahazar that the

petitioner herein was holding a hand bag and when it was

searched two plastic covers were found, which contained 1 kg

300 grams