JUDGMENT

1. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State and perused the material on record.

2. This petition is filed under Sec. 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.237/2022 of Dharwad Sub-Urban Police Station, registered for offence punishable under Sec. 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

3. Brief facts of the prosecution are that, on 26/10/2022 at about 8.30 a.m., the PSI of Sub-urban police station, Dharwad and his staff were on patrolling duty. At about 9.15 a.m., they received a credible information that a person was selling Ganja to the public on Yettinagudda road, Dharwad. On the basis of said information, the police registered the aforementioned case against unknown person and went to the spot. They noticed the petitioner holding a bag. He was apprehended and from his possession, 210 grams of Ganja valued at Rs.2,100.00 was seized under a mahazar.

4. Learned High Court Government Pleader contends that the investigation is still pending and the petitioner was caught red handed with Ganja and therefore, there is a prima facie