Bail is a rule and rejection is an exception. The court must consider various factors, including the nature of the offence, character of the accused, and apprehension of witnesses being tampered with, while granting or rejecting bail in a non-bailable offence.

JUDGMENT

P.N. Desai, J. - Heard the learned counsel for the petitioner and the learned HCGP for the respondent State.

2. This petition is filed under section 439 of the Code of Criminal Procedure, 1973, seeking to enlarge the petitioner, who is arraigned as accused no. 1, on bail in Crime No. 355/2021 of Rural Police Station, Ballari, registered for the offences punishable under sections 20 and (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short).

3. It is the allegation of prosecution that this accused being the owner of land in Sy. No. 197/A, situated at Kammarachedu village, is said to have grown cannabis plants in his land illegally between cotton crop. After getting information, the Investigating Officer along with panchas visited the land and found that in between cotton crop about 220 wet ganja plants were grown which were weighing 121.75 kilograms which include roots, trunk, leaves and flowers. Its approximate value is Rs. 2,43,500/-. The same was seized in the presence of panchas along with mud for sample and the accused was arrested. On the basis of the same, the said crime number was registered against accused nos. 1 and 2. The accused was produced before the Court who filed an application under section 439 of Cr.P.C. before the Court of Prl. District and Sessions and Special Judge, Ballari, which came to be rejected by order dated 11.1.2022. Aggrieved by the same, the present petition is filed.

4. The learned counsel for the petitioner argued that the petitioner is innocent of the offence alleged against him. The complainant has not followed the mandatory provisions of the Act, before conducting raid and panchanama. The alleged quantity of 220 wet ganja plants were seized including their roots, trunk, leaves and flowers, which according to the prosecution weighing 121.75 kilograms. The said complaint was filed at the instigation of persons who are on inimical terms of the accused. The allegation does not attract the ingredients of the offence. On the other hand, the petitioner is a poor agriculturist and having permanent residence in the said village. He is having movable and immovable property and is ready to abide by any conditions that may be imposed by the Court. It is further contended, petitioner is aged about 56 years and in view of the spreading of COVID-2019 in public and jails, there are chances of getting infection. So he prayed to allow the petition.

5. Against that, the learned HCGP opposed the bail application and contended that accused no. 2 is still not traced. The allegation is that the petitioner was purchasing ganja seeds from accused no. 2. Therefore, at this stage if the petitioner is released on bail, it will certainly cause hindrance to the investigation and there is a chance of the petitioner being abscond as he is originally from Andhra Pradesh. He may tamper the prosecution witnesses. With these main contentions the learned HCGP prays to reject the bail petition.

6. I have perused the material placed before the Court. It is evident that the offences alleged are under section 20(a) and (b) of the Act. The said offences are not punishable with death or imprisonment for life. It is also evident that according to the prosecution the said ganja plants were grown in between cotton crop in the land of the petitioner. The total ganja seized is weighing 121.75 kilograms valued at Rs. 2,43,500/-. The learned counsel brought to the notice of the Court definition of 'cannabis' as defined under Section 2(iii) (a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish; (b) ganja, that is the flowering of fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and (c) any mixture, with or without any neutral material, of any of the