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Judgment
Venkatesh Naik T, J
Heard Sri.Gowrav Subramanyam, learned counsel for the petitioner and Smt.Anitha Girish, learned High Court Government Pleader for respondent/State.
Accused No.3 filed this petition under Section 439 of Cr.P.C., praying for grant bail in Crime No.159/2023 registered by CEN Crime Police Station, Mysore city, for the offences punishable under Sections 22(c) of N.D.P.S Act.
Brief facts of the prosecution case are as under:
On the basis of the report submitted by Shantha Mallappa, ACP, Devaraja Division, Mysore dated 06.09.2023, F.I.R in Crime No.159/2023 was registered against the petitioner and another for the aforesaid offences by S.H.O of Crime Police Station, Mysore city. In the report dated 06.09.2023, it is averred that when the informant along with his staff was on patrolling duty, he found accused persons who were standing near the cycle-stand and eloped after seeing the police vehicle. Therefore, the said persons were apprehended and on enquiry, they revealed their names. The police seized 16.57 grams of MDMA from accused No.1 and drew seizure panchanama, brought them to the Police Station. Thereafter, F.I.R in Crime No.159/2023 was registered against said persons and they were remanded to judicial custody. The bail application filed by this petitioner on 31.10.2023 was rejected by the Court of the Principal District and Sessions Judge at Mysuru. Therefore, he is before this Court.
Learned counsel for the petitioner submits that petitioner has no antecedents and the contra-band article seized in the present case is of intermediate quantity. Accordingly, prays to allow the petition.
Per contra, learned High Court Government Pleader has opposed the petition. However, she does not dispute that contra-band article seized in the present case is of intermediate quantity.
Accused Nos.1 and 2 were arrested by Police after they were found moving in a suspicious manner and from the possession of Accused No.1, 16.57 grams of contra-band article alleged to be MDMA was seized. The sample of contra-band article was thereafter, forwarded to FSL for the purpose of chemical examination. The test report now received from laboratory would go to show that the seized contra-band article has tested positive for the MDMA. 50 grams and above quantity of MDMA is considered as commercial quantity. In the instant case, the contra-band article seized from the possession of Accused No.1 is only 16.57 grams. Therefore, the seized contra-band article is of intermediate quantity. The Investigating Officer has not seized any incriminating article from Accused No.3/petitioner and the petitioner has no criminal antecedent and he is in judicial custody since 12.09.2023. From the perusal of the record, major portion of investigation is almost completed. Possessing commercial quantity of contra-band articles under Section 37(1) of the NDPS Act would not be applicable to the case of the petitioner since the contra-band article seized in the present case is of intermediate quantity. Accused No.2 has been enlarged on bail by the Trial Court and Accused No.1 is granted bail by the co-ordinate Bench of this Court in Criminal Petition No.1163/2023. Under the circumstances, I am of the view that petitioner has made out a case for grant of regular bail.
Accordingly, I pass the following:
ORDER
The petition is allowed. The petitioner is enlarged on bail in Crime No.159/2023 registered by CEN Crime Police Station, Mysore city, for the offences punishable under Section 22(c) of the N.D.P.S Act subject to following conditions:
i) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the Trial Court.
ii) The petitioner shall appear regularly on all the date of hearing before the Trial Court.
iii) The petitioner shall not directly or indirectly tamper with the prosecution witnesses.
iv) The petitioner shall not leave the jurisdiction of Trial Court until the case registered against him is disposed of.