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Judgment
H.P. Sandesh, J
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused No.1 in Crime No.242/2021 of Beguru Police
Station, Bengaluru, for the offences punishable under Sections 8(c), 21(c) & 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985
(‘the NDPS Act’ for short).
Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.
The factual matrix of the case is that this petitioner has been arraigned as accused No.1. Based on the credible information received on 01.12.2021
at around 16:30 p.m, near AECS Layout Lake, Singasandra, Bengaluru City, that this petitioner is selling Hash Oil, keeping the same in back pack bag
and also received the information that she will come on the next day. On the next day, the recovery was made at the instance of this petitioner to the
extent of 120 grams of Hash Oil. Thereafter seized 800 grams of Hash Oil including Bottle & Plastic cover, 56 grams Hash Oil including plastic
Bottle, 64 grams Hash Oil including plastic Bottle, 84 grams Hash Oil including plastic bottles, in total, 1 kg 4 grams of Hash Oil, Ecstasy Tablets â€
10, weighing 5 grams 5 Mili grams including plastic cover, LSD Strips â€" 70 weighing 1 gram 82 Mili Grams including plastic cover, 2 Kg Ganja, 4
Empty plastic bottles, Eagle Company Digital weighing machine, one black back pack bag and one grey colour Honda Dio KA-04-HV-2039 from
accused Nos.2 and 3. Based on the complaint, a case has been registered for the offences punishable under Sections 8(c), 21(c) & 22(c) of the
NDPS Act.
The learned counsel appearing for the petitioner would submit that this petitioner is a student and only quantum seized is 120 grams and the same is
an intermittent quantity and there is no any criminal antecedents against this petitioner. This petitioner was arrested on 02.12.2021 and no need of
custodial interrogation.
Per contra, the learned High Court Government Pleader appearing for the State would submit that the credible information was received that this
petitioner was only indulged in such act, though quantity seized was an intermittent quantity, it will affect the society at large.
Having considered the submissions of the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader
appearing for the State and also on perusal of the materials seized at the instance of this petitioner i.e., 120 grams, which is little higher than the small
quantity and the petitioner was apprehended on 02.12.2021. Since the petitioner is in the custody, no need of custodial trial. There is no any other
incriminating material and no criminal antecedents against this petitioner. Hence, it is a fit case to exercise the powers under Section 439 of Cr.P.C.,
subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-
ORDER
The Petition is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Crime No.242/2021 of Beguru Police Station,
Bengaluru, for the offences punishable under Sections 8(c), 21(c) & 22(c) of the NDPS Act, subject to the following conditions:
(i) The petitioner/accused No.1 shall execute personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with two sureties for the like-sum to
the satisfaction of the jurisdictional Court.
(ii) The petitioner/accused No.1 shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner/accused No.1 shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any
genuine cause.
(iv) The petitioner/accused No.1 shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against
her is disposed of.