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 case against him. She contends that if the petitioner is enlarged on bail, he may once again involve in committing similar offence and he may also flee from justice.

5. Ganja alleged to have been seized from the petitioner is about 210 grams. The material on record would reveal that the petitioner was holding a bag in which there was a plastic packet containing wet Ganja with seeds, leaves etc. Requisition was given to the Court to incorporate Sec. 20(b)(ii)(A) of the NDPS Act, 1985.

6. Petitioner is already arrested and interrogated. The offence alleged to have been committed by the petitioner is one under Sec. 20(b)(ii)(A) of the NDPS Act, which attracts punishment upto one year imprisonment or with fine or both. Petitioner is in judicial custody from 26/10/2022. He is a permanent resident of Dharwad. He has undertaken to furnish sufficient surety for his appearance before the Court regularly. Hence, by imposing necessary conditions, the relief sought by the petitioner can be granted.

7. Accordingly, the following:

ORDER

i) Petition is allowed,

ii) Petitioner/accused shall be enlarged on bail in Cr.No.237/2022 of Sub-urban police station, Dharwad, subject to following conditions:

a. Petitioner shall execute a personal bond in a sum of Rs.50,000.00 (Rupees fifty thousand only) with two sureties for likesum,

b. He shall furnish proof of his residential address and shall inform the Court if there is any change in the address,

c. He shall mark his attendance before the jurisdictional police station once in 15 days, preferably on 1st and 15th of every month, till filing of the final report.

d. He shall not tamper with the prosecution witnesses either directly or indirectly,

e. He shall appear before the trial Court on all dates of hearing,

f. He shall not leave the jurisdiction of the trial Court without prior permission of the learned trial Judge,

g. He shall not involve in criminal activities.