This petition is filed by the petitioner - accused No.1

under Section 439 of Cr.P.C. for granting bail in Crime

No.56/2023 of Chintaki Police Station, Dist: Bidar, which is

pending before the Principal District and Sessions Judge,

at Bidar, for the offences punishable under Sections 20 (b)

(ii) (c) of NDPS Act and Section 279 of IPC.

02. The case of the prosecution is that the sue-

motu complaint is filed by one Siddalinga PSI, alleging that

he has got information on 01.08.2023 that some persons

were transporting the ganja. Immediately, he has obtained

the permission of the higher officer and secured the

panchas, including the gazzetted officer, went in a Jeep

and stopped near the road and waited. At that time this

petitioner and accused No.2 were proceeding in a scooter

by holding a white bag. The police have shown the signal

to stop the vehicle, but this petitioner without stopping the

vehicle, has raised the speed. However, he went and

dashed to an electrical pole and fell down. The another

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person who was a pillion rider was managed to escape by

running towards the land and this petitioner was caught

red-handed. The police have seized the ganja weighing 22

kg 650 grams and get the sample and prepared the

panchanama. Accordingly, the petitioner was arrested and

he is in judicial custody. His bail petition came to be

rejected. Hence, the petitioner is before this Court.

03. Heard the learned counsel for the petitioner and

the learned High Court Government Pleader for the

respondent – State.

04. Upon hearing the arguments and on perusal of

the records it reveals that the petitioner was caught red-

handed on 01.08.2023 while transporting the ganja which

is more than 22 kgs and it is a commercial quantity.

05. The

learned

counsel

for

the

petitioner

contended that the leaves and seeds are included for

weighing to bring under the commercial quantity and the

leaves and seeds should not be included as the definition

of ganja. The petitioner is ready to abide by any conditions

etc., if bail is granted.

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06. This Court has already held in various cases, for

the purpose of reducing the quantity, the leaves cannot be

excluded for granting bail when the matter is under

investigation. The seized ganja is now weighed at 22 kg

650

grams,

which

is

commercial

quantity.

The

investigation is still under progress. The accused No.2 is

still absconding from the spot and not yet arrested. At this

stage, if the bail is granted, there is every possibility of

tampering the witnesses and absconding from the case

and committing similar offence, which cannot be ruled out.

Hence, I am of the view that, pending investigation, the

petitioner is not at all entitled for bail. Accordingly, I

proceed to pass the following;

O R D E R

The petition filed by the petitioner is hereby

dismissed.

Sd/-

JUDGE

KJJ

List No.: 1 Sl No.: 12