The court considered the nature of the offence, the quantity of contraband seized, and the petitioner's custody duration to determine the entitlement to bail, ensuring the protection of the petitioner's right to life and liberty.

JUDGMENT/ORDER

M G Uma, J. - The petitioner-accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.477/2022 of Doddapete Police Station, pending on the file of the Principal District and Sessions Judge at Shivamogga, registered for the offences punishable under Sections 8(c), 20(b)(ii)(B), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. (for short 'NDPS Act'), on the basis of the first information lodged by the informant- H.C.Vasanth-PSI.

2. Heard Smt. M.C.Shuba, learned Counsel for the petitioner and Sri. K.Rahul Rai, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

3. Learned Counsel for the petitioner submitted that the petitioner is arrayed as accused No.1. He is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 09.12.2022 and since then he is in judicial custody.

4. Learned counsel further submitted that it is the contention of the prosecution that on the credible information the petitioner and accused No.2 were apprehended. 1 kg 300 grams of ganja was said to have been recovered. The investigation is already completed. Detention of the petitioner in custody would amount to pre-trial punishment. He is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader opposing the petition submitted that serious allegations are made against the petitioner for having committed the offences. On credible information the petitioner and accused No.2 were searched and they were in possession of 1 kg 300 grams of ganja and cash of Rs.200/- was seized under the Seizure mahazar in the presence of panchas. The investigation is still under progress. Considering the nature and seriousness of the offence, the petitioner is not entitled for grant of bail. Hence, he prays for dismissal of the petition.

6. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

'Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?'

My answer to the above point is in 'Affirmative' for the following:

REASONS

7. The PSI of Doddapete police station lodged the first information stating that on credible information, he along with his staff members went to the spot and found accused Nos.1 and 2 selling ganja to the general public. In the presence of the panchas both the accused were searched and contraband weighing 1 kg 300 grams was seized under the Seizure mahazar. The contention of the learned counsel for the petitioner that the petitioner is innocent and has not committed any offences, cannot be accepted, at this stage. However, the contraband seized is of intermediary quantity and the petitioner is in judicial custody since 09.12.2022. It is not the contention of the prosecution that the petitioner is required to be detained in custody for any purpose, except to ensure his presence before the trial Court. Therefore, detention of the petitioner in custody would amount to infringement of his right to life and liberty. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the apprehension expressed by the learned High Court Government Pleader that the petitioner may abscond or may tamper or threaten the prosecution witnesses.

8. Accordingly, I answer the above point in the affirmative and proceed to pass the following:

ORDER

The petition is allowed.

The petitioner is ordered to be enlarged on bail in Crime No.477/2022 of Doddapete Police Station, pending on the file of the Principal District and Sessions Judge at Shivamogga, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) w