This Crl.P. is filed under Section 439 of Cr.P.C. by

accused Nos.1 and 2 seeking to enlarge them on bail in

Crime No.130/2022 of Gokul Road Police Station, Hubbali,

registered for the offence punishable under Section

20(b)(ii)(B) of NDPS Act,1985.

Heard the learned counsel for the petitioners and

learned HCGP for respondent-State and perused the

material on record.

3.

The case of the prosecution is that the PSI of Gokul

Road Police Station received a credible information on

27.08.2022 at about 12.30 p.m. that two persons are

selling ganja near Dollars colony in Gokul road, Hubballi.

He went to the spot and noticed two persons aged about

20-25 years on a public road situated behind Gokul garden

in Dollars colony and one of the said person was holding a

blue colour bag. Confirming that they were selling ganja

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to the general public, he asked a Police Constable to watch

them and returned to the Police Station and lodged a

complaint on the basis of which the aforementioned case

was registered. Thereafter, he went along with his staff,

panch witnesses and ACP to the spot and apprehended

both the accused. On search, it was found that they were

in possession of ganja weighing 2 Kgs 96 grams. The same

was seized under a mahazar in the presence of panch

witnesses.

4.

It is alleged that the accused were in possession of

2Kgs 96 grams of ganja and they were selling the same to

the general public and thereby committed an offence

punishable under Section 20(b)(ii)(B) of NDPS Act,1985.

5.

Learned counsel for the petitioners has vehemently

contended that the petitioners are innocent and entire

allegations are false. She contends that even according to

the prosecution, credible information was received at

about 12.30 noon and it is highly impossible that the

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accused were present till 2.30 p.m. selling ganja to the

general public. She contends that the ganja alleged to

have been seized is not a commercial quantity. Therefore,

Section 37 of NDPS Act is not applicable. She contends

that petitioners are falsely implicated and they are in

judicial custody from 27.08.2022. Now, the investigation

is completed and charge sheet has been filed. Petitioners

are ready to abide by any conditions that may be imposed

by this Court. Hence, prays to allow the petition.

6.

Learned HCGP has contended that the offence

committed by the petitioners is heinous in nature and

petitioners are habitual offenders who are involved in

similar offences. Hence, if they are enlarged on bail, they

may once again commit similar offence. Therefore, prays

to reject the petition.

7.

According to the prosecution, credible information

was received at about 12.30 noon that two persons are

involved in selling ganja to the general public. It is stated

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that at that time, the complainant namely the PSI of Gokul

Road Police Station was on patrolling duty and he went to

the spot and saw two persons holding a blue colour bag

and therefore he suspected that they were selling ganja to

the general public. He is said to have deputed one Police

Constable to watch them and returned to the Police

station and went along with his staff and panch witnesses

to the spot at about 2.30 p.m and apprehended those two

accused persons.

8.

It is contended by the learned counsel for the

petitioners that the entire allegations are false and

petitioners are falsely implicated. It is contended that it is

difficult to believe that till the Police returned to the spot,

even after two hours, accused were present at the spot.

9.

According to the prosecution, 2Kgs 96 grams of

ganja was seized from the possession of the accused.

Ganja seized is not a commercial quantity. It is contended

that while conducting seizure panchanama, the procedures

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contemplated under the NDPS Act has not been followed.

Learned HCGP contends that as per FSL report, seized

article has been confirmed to be ganja.

10.

The prosecution has to establish it’s case against the

petitioners in a full fledged tr