Arjun A. vs State By Pulikeshinagar Police Station Represented By Its State Public Prosecutor, High Court Complex Bangalore - 560001

S Vishwajith Shetty, J

Accused in Crime No.191/2024 registered by Pulakeshinagar Police Station Bengaluru city, for the offences punishable under Sections 8(c), 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS’ Act) is before this Court under Section 439 of Cr.P.C, seeking regular bail.

Heard learned counsel for the parties.

FIR in Crime No.191/2024 was registered by Pulakeshinagar Police Station, Bengaluru city, for the aforesaid offence against petitioner herein, on the basis of the first information dated 14.06.2024 received from Prasanna S, Police officer attached to Pulakeshinagar Police Station Bengaluru. During the course of the investigation of the case, the petitioner herein was arrested on 15.06.2024 and subsequently remanded to judicial custody.

Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.6389/2024 was rejected on 31.07.2024. Therefore, he is before this Court.

Learned counsel for the petitioner submits that investigation of the case is completed and charge sheet has been filed. Contraband article seized in the present case is of intermediate quantity. The petitioner is in custody for the last more than six months. Accordingly, she prays to allow the petition.

Per contra, learned HCGP who has opposed the bail petition, however, does not dispute the submission made by learned counsel for the petitioner that Contraband article seized in the present case is of intermediate quantity. He submits that the petitioner is a person of criminal antecedents. Accordingly, he prays to dismiss the petition.

It is the case of the prosecution that on 14.06.2024 first informant had received a credible information that a person was selling contraband article MDMA to the public. On receipt of such information, FIR in crime No.191/2024 was registered and thereafter along with the staff and panchaas, a raid was conducted to the alleged spot, where the accused was making efforts to sell the contraband article to public and the said accused was apprehended. From his possession 12 grams contraband article allegedly MDMA was seized. Apprehended accused was arrested and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed.

The sample of contraband article allegedly MDMA was forwarded to the Forensic Science Laboratory, for the purpose of chemical examination and the same has tested positive for drug known as methamphetamine and tested negative for drug known as MDMA. 12 Grams of methamphetamine is considered as an intermediate quantity, as per the relevant notification issued under provisions of NDPS Act 1985. Therefore, the rigor under Section 37(1)(b) cannot be made applicable to the petitioner. Even though, it is submitted by the learned HCGP that the petitioner is a person with criminal antecedents, no other cases under provisions of NDPS act were registered against the petitioner earlier. In the earlier criminal cases, which were registered against the petitioner for the offences punishable under the IPC, he has been granted bail. Merely for the reason that the petitioner is a person of criminal antecedents, the same cannot be a reason for denying him regular bail, in the event he has made out a prima facie case for grant of bail. Apprehension expressed by the learned HCGP can be taken care of by imposing appropriate conditions. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

Accordingly, the following:

ORDER

The criminal petition is allowed.

The petitioner is directed to be enlarged on bail in Crime No.191/2024 registered Pulakeshinagar Police Station Bengaluru city, for the offences punishable under Sections 8(c), 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;