ORAL ORDER

Accused No.1 in Crime No.34/2024-25-76SIE1/763604 registered by Excise Sub Inspector (SIE-1), Bengaluru North Division for the offences punishable under Section 13(1)(b) & 32 of the Karnataka Excise Act, 1965 and Section 20(a), 25 & 8b of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) is before this Court seeking regular bail.

2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.34/2024-25-76SIE1/763604 was registered by Excise Sub Inspector (SIE-1), Bengaluru North Division against the petitioner herein and another for the aforesaid offences and during the course of investigation, the petitioner was arrested on 30.01.2025 and subsequently remanded to judicial custody.

4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.1232/2025 was dismissed on 24.02.2025. Therefore, he is before this Court.

5. Learned counsel for the petitioner submits that property from which the wet ganja plants were seized stood in the name of accused No.2 and the proceedings against accused No.2 has been quashed by the coordinate bench of this Court in W.P.No.2835/2025. The petitioner is a employee of accused No.2. Even otherwise, the seized wet ganja plants cannot be considered as 'ganja' within the meaning of Section 2(iii)(b) of NDPS Act. Accordingly, he prays to allow the petition.

6. Per contra, learned HCGP has seriously opposed the petition.

7. Perusal of the material on record would go to show that, based on the credible information, Excise Sub Inspector (SIE-1), Bengaluru North Division had raided the property bearing survey No.87 of Tarahunsase Village, Jala Hobli, Yelahanka Taluk and from the said property, 20 wet ganja plants were seized and the petitioner who was found in the farm house was arrested on 30.01.2025. The total weight of the wet ganja plant is said to be 23.96 kgs. Considering the description of the seized ganja plants it become doubtful that whether the same can be considered as 'ganja' within the meaning of Section 2(iii)(b) of NDPS Act.

8. Undisputedly, the property bearing survey No.87 from which ganja plants were seized stands in the name of accused No.2. The proceedings as against accused No.2 has been quashed by the coordinate bench of this Court in W.P.No.2853/2025. The petitioner has no other criminal antecedents. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

9. Accordingly, the following:

ORDER

The petitioner is directed to be enlarged on bail in Crime No.34/2024-25-76SIE1/763604 registered by Excise Sub Inspector (SIE-1), Bengaluru North Division for the offences punishable under Section 13(1)(b) & 32 of the Karnataka Excise Act, 1965 and Section 20(a), 25 & 8b of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions:

a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;