Accused in Crime No.99/2023 registered by Basavanahalli

Police Station, Chikkamagaluru, for the offence punishable

Digitally

signed by

BHARATHI S

Location:

HIGH

COURT OF

KARNATAKA

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under

Section

20(b)(ii)(B)

of

the

Narcotic

Drugs

and

Psychotropic Substances Act, 1985 (‘NDPS Act’ for short), is

before this Court under Section 439 of the Cr.PC.

2.

Heard the learned counsel for the parties.

3.

It is the case of the prosecution that on 18.8.2023

the Police Sub Inspector attached to Basavanahalli Police

Station received credible information that a person is

transporting ganja in a white coloured Scooty towards

Halenahalli via Karkipete tank bund of Chikkamgaluru Town.

On receipt of such information, after complying with the

mandatory requirements of law, the police Sub Inspector along

with the staff and independent panchas, had intercepted the

white coloured Scooty which was coming from Kempanahalli

side at about 7.40 pm. On enquiring the rider of the Scooty, he

revealed his name as Manjoj A.R s/o Renukaswamy. From the

dicky of the Scooty, dried Ganja stem, flower, buds, seeds and

leaves were seized and subjected to panchanam. The total

weight of seized contraband article was 1172 gms. Thereafter,

the seized contraband article and the apprehended accused

were brought to the police station and FIR was registered in

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Crime No.99/2023 against him for the aforesaid offence.

Subsequently,

the

accused

was

produced

before

the

jurisdictional Court and was remanded to the judicial custody.

His bail application filed before the Principal District and

Sessions Judge and Special Judge, Chikkamagaluru, in Crime

No.99/2023 was rejected on 1.9.2023. Therefore, he is before

this Court.

4.

Learned counsel for the petitioner submits that the

seized contraband ganja weighed only 1172 gms., and included

the stem, leaves and flower of the ganja plant. The petitioner

who has no antecedents is in custody from 19.8.2023 onwards.

Accordingly, he prays to allow the petition.

5.

Learned HCGP has opposed the bail petition. She

submits that the investigation in the case is not completed and

accordingly, prays to dismiss the petition.

6.

FIR in Crime No.99/2023 was registered by the

Basavanahalli

Police

Station,

Chikkamagaluru,

based

on

credible information and the accused was apprehended on

18.8.2023 and from his possession contraband article ganja

was seized. The total weight of the seized contraband

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article/Ganja is 1172 gms. As per the material available on

record, the seized contraband article included the stem, leaves

and flower of the Ganja plant. Therefore, a serious doubt

arises whether the seized contraband can be considered as

Ganja within the meaning of Section 2(iii)(b) of the NDPS Act.

Be that as it may, undisputedly the weight of the seized

contraband article is 1172 gms., which is little more than small

quantity. The petitioner who has no criminal antecedents is in

custody from 19.8.2023 onwards. Major portion of the

investigation is completed.

7.

Under the circumstances, I am of the view that the

petitioner’s prayer for grant of regular bail is required to be

answered in affirmative. Accordingly, the following:

ORDER

The Criminal Petition is allowed.

The petitioner is directed to be released on bail in Crime

No.99/2023 pending on the file of Principal District and

Sessions Judge and Special Judge, Chikkamagaluru, which was

registered by the Basavanahalli Police, Chikkamagalur, for the

offence punishable under Section 20(b)(ii)(B) of the Narcotic

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Drugs and Psychotropic Substances Act, 1985, subject to

following conditions:

i. The petitioner shall execute a personal bond for a

sum of Rs.2,00,000/- with one surety for the

likesum to the satisfaction of the concerned Police

Station/jurisdictional court;

ii. The petitioner shall not indulge in tampering the

prosecution witnesses either directly or indirectly;

iii. The petitioner shall appear before the trial court on

all hearing dates unless his a