The rigorous application of Section 37(1)(b) of the NDPS Act can be relaxed under specific circumstances, such as a lack of prior criminal records and absence of reasonable apprehensions of re-offence.

ORAL ORDER

Accused No.1 in Spl.CC(NDPS).No.32/2025 pending before the Court of Principal District and Sessions Judge, Kolar, arising out of Crime.No.60/2025, registered by Mulbagalurga Rural Police Station, Kolar for offence punishable under Section 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.60/2025 was registered by Mulbagal Rural Police Station, Kolar, for the aforesaid offence against two unknown persons, based on the first information dated 24.02.2025, received from Sri.Sathish K.G., police officer attached to Mulbagal Rural Police Station, Kolar.

4. During the course of investigation of the said case, petitioner herein was arrested on 24.02.2025 along with accused No.2 and they were remanded to judicial custody on 25.02.2025. Bail application filed by the petitioner before the Trial Court in Crime No.60/2025 was rejected and therefore he had approached this Court in Crl.P.No.4985/2025, which was dismissed as not pressed with liberty to file a fresh petition before the Jurisdictional Sessions Court, after charge sheet is filed. The police after completing investigation have filed charge sheet in the present case against six persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the Trial, thereafter in Spl.CC(NDPS)No.32/2025 was rejected and therefore, he is before this Court in this successive bail application.

5. Perusal of the material on record would go to show that FIR was registered in Crime No.60/2025 against two unknown persons based on the first information received from Sathish K. G. Police Officer, Mulbagal Rural Police Station, Kolar, who has averred in his first information that he had received credible information that two strangers were carrying more than 5 KG of ganja in an auto-rickshaw and were travelling from Mulbagal towards Kolar. After registration of the FIR, the auto-rickshaw bearing registration No.KA-07-B-1049 was intercepted by the police. Accused No.2 was found driving the said auto-rickshaw and accused No.1 was sitting in the rear seat of the auto-rickshaw. The police allegedly have seized contraband article ganja totally weighing 23 KGs 805 grams from the dicky of the auto-rickshaw which was found packed in two bags. Accused Nos.1 and 2 who were found transporting the contraband article in the auto- rickshaw, were arrested and the contraband article was seized under a mahazar and produced before the Court. After completing investigation charge sheet is now filed against six persons.

6. Perusal of the charge sheet material would go to show that petitioner and accused No.2 had accompanied accused No.3 - Pattabhirama to Vizag in Andhra Pradesh State in the car belonging to accused No.3. After reaching Vizag accused No.3 appears to have called accused No.4 Mari Bujjibabu, who allegedly is a supplier of contraband article ganja and at the request of accused No.3, accused No.4 allegedly had supplied the contraband article ganja to accused No.3, who had kept the same in his car and had travelled towards Nangli Toll along with accused Nos.1 and 2.

7. Charge sheet material would go to show that accused No.3 had summoned the auto-rickshaw belonging to accused No.6 and asked the driver of the auto-rickshaw to park the auto-rickshaw near Nangli Toll. After reaching Nangli Toll, accused No.3 allegedly asked accused Nos.1 and 2 to take the contraband article in the auto-rickshaw which was parked near Nangli Toll to Mulbagal and thereafter accused No.3 and the driver of the auto- rickshaw went away in the car. At the instance of accused No.3