Case Note & Summary
The petitioner, Mohmed Ali Tojari, was the sole accused in Crime No.341/2020 registered at Kadugondanahalli Police Station, Bengaluru, for an offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The prosecution alleged that on 26.10.2020 at 9.00 p.m., the Police Inspector of CCB received credible information that the petitioner was illegally procuring LSD strips, MDMA crystal, and ecstasy tablets from foreign countries and selling them to students and customers. A raid was conducted at his residence, and contraband was seized. The petitioner filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail. The court heard the learned senior counsel for the petitioner and the learned SPP-II for the respondent/State. The court noted that the investigation was complete and the charge sheet had been filed. Considering that no further custodial interrogation was required, the court allowed the petition and granted bail to the petitioner subject to conditions, including executing a personal bond of Rs.2,00,000 with two sureties, surrendering his passport, and appearing before the court as directed.
Headnote
A) Criminal Procedure Code - Bail - Section 439 Cr.P.C. - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 22(c) - Commercial Quantity - Petitioner/accused sought bail in Crime No.341/2020 for offence under Section 22(c) of NDPS Act - Court considered the rigour of Section 37 of NDPS Act and held that since the investigation was complete and charge sheet filed, no further custodial interrogation was required - Bail granted subject to conditions (Paras 1-5).
Issue of Consideration
Whether the petitioner/accused is entitled to be enlarged on bail in a case registered under Section 22(c) of the NDPS Act, 1985, involving commercial quantity of contraband.
Final Decision
The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.341/2020 of Kadugondanahalli Police Station, subject to conditions: (i) executing a personal bond of Rs.2,00,000 with two sureties; (ii) surrendering his passport; (iii) appearing before the court as directed; (iv) not tampering with evidence or influencing witnesses.
Law Points
- Bail under Section 439 Cr.P.C.
- NDPS Act Section 22(c)
- Commercial quantity
- Rigour of Section 37 NDPS Act
- Prima facie case
- Custodial interrogation
