Bail is a rule and rejection is an exception, and the Court must consider various factors when granting or rejecting bail in non-bailable offences.

JUDGMENT

1. These petitions are filed under Sec. 439 of the Code of Criminal Procedure, 1973 (' Cr.P.C .' for short), seeking to enlarge the petitioners, who are arraigned as accused No.4 and 2 respectively, on bail in Crime No.57/2021 of Shanthapur Police Station Dist: Bidar, registered for the offences punishable under Ss. 20 (b) (ii) (C) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ' NDPS Act ') on the file of Prl. District and Sessions Judge, Bidar.

2. It is the case of the prosecution that on 8/8/2021 at about 08.30 a.m. the complainant - Dy.S.P. Bhalki received credible information that near Kandagol to Wadagoan village Tq: Aurad some persons will illegally transporting the Ganja in Tempo bearing Reg.No.TS-UD- 1094. The complainant secured his staff, videographer, village accountant and panchas. At about 12.40 p.m. they went to Kandagol - Wadagoan road. At 12.57 p.m. they saw one Tempo bearing Reg.No.TS-UD-1094 came from Kandgol village. The police officials stopped the said vehicle, at that time four persons from said vehicle tried to ran-away from there, the police officials caught hold them and enquired their names. They disclosed their names as 1) Omkar s/o Hanamanatappa Halembure, 2) Anil s/o Dashrath Phule, 3) Aslam s/o Gousoddin Mulla and 4) Hajipasha s/o Rashidmiya Kasaab. The accused persons told that they were transporting chilly. When the police officers searched the vehicle, they found that the accused persons were carrying Ganja packets. They found that 592 kgs of Ganja in 274 packets worth of Rs.59,20,000.00 was in the vehicle and they had no any permit or license to transport the same. In this regard a FIR came to be registered. The police after investigation have filed the charge sheet. Their bail petitions under Sec. 439 of Cr.P.C. came to be rejected by the Principal District and Sessions Judge, at Bidar. Hence, the petitioners have filed these petitions.

3. Heard Sri. Nandkishore Boob and Sri. Anilkumar Navadagi, learned counsel for the petitioners and Sri. Gururaj V. Hasilkar, the learned High Court Government Pleader for the respondent - State in both the petitions.

4. Learned counsel for the petitioners argued that the petitioners are falsely implicated in the case. It is alleged that in all totally 592 kgs Ganja was recovered, but it is clearly mentioned in the Panchanama and statement of witnesses that the said Ganja was not dry powder, but the forming contains wet leaf and flowers iteams along with wet Ganja. The respondent - police have not shown the exact weight of Ganja, but falsely shown as commercial quantity of Ganja. The accused Nos.5 to 8 are already granted bail by the Sessions Court. These petitioners are in judicial custody from 8/8/2021. The petitioners are working as agriculturists and driver. The petitioners are ready to abide by any conditions that may be imposed by this Court and ready to offer sureties. Hence, learned counsel for the petitioners prays to allow the petitions.

5. Against this, learned High Court Government Pleader filed objections and argued that if the petitioners are released on bail, they may abscond and they may not appear before the Court. The petitioners are involved in the offence of illegally transportation and selling Ganja. The petitioners being the members of racket involved in such illegal activities. The panchanama was conducted in the presence of Gazzetted Officer. Hence, he prays to reject the petitions.

6. I have perused the material produced before the Court. Admittedly, the offences are not punishable with death or imprisonment for life. Though, in all totally 592 kgs of Ganja was seized in the presence of panchas, but in the panchanama and statement of witnesses it is mentioned that the said Ganja was not dry, but they weighed wet leaf, fruits and flowers items along with wet Ganja. Therefore, the definition of Ganja under Sec. 2 (iii) (b) of NDPS Act states that "ganja, that is, the flowering of fruiting tops of t