O R D E R

1. Heard Sri. Pratheep K.C., learned counsel for the accused/petitioners and Sri. Vinayaka V.S., learned High Court Government Pleader for the respondent-State and perused the records.

2. Present petition is filed under Section 439 of Cr.P.C.

with the following prayer:

“WHEREFORE, the petitioners in the above petition most humbly pray that this Hon’ble Court may be pleased to allow this petition and enlarge the petitioners on bail in Cr. No. 17/2023 for the offence punishable U/S 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, by the Siddapura police station, Kodagu pending on the file of Additional civil judge (Jr. Dn) and JMFC at Madikeri in the interest of justice and equity”.

3. The brief facts of the case are as under:

The Police Officer by name Sri Dilipkumar B.M. S/o.

Murthynayak, filed a report with the Siddapura Police Station, Madikeri, Kodagu District, on 11.2.2023 which was registered in Crime No.17/2023 for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPSAct' for short).

4. Gist of the report reveals that on 11.02.2023 at about 10.00 a.m., the Police Sub-Inspector of Siddapura Police Station along with other police while on patrolling duty near Siddapura and at that point of time, received a credible information that beside the public road which leads to Nalvathekre from Nellihudikeri village near Vintage Car road junction, one Ashib, Mohan and Asif are selling ganja in a Maruti Alto Car bearing Regn. No.KA-02/MA-3026 in between

11.00 am., and 12.00 Noon. On the basis of the said information, the respondent Police registered a case in Crime No.17/2023, apprehended them and found fruits and flowering tops, seeds and leaves in 42 packets weighing 1197 grams of ganza. Thereafter, the police seized the same with vehicle and also mobile phones from accused. After completion of search and seizure formalities, the accused persons were arrested and sent them judicial custody. The present petitioners are accused Nos.1 to 3 in the said Crime.

5. The attempt made by the present petitioners to obtain an order of grant of bail was turned down by the Principal Sessions Judge, Kodagu at Madikeri in Crl. Misc. No.64/2023 by order dated 14.03.2023. Thereafter, the petitioners are before this Court.

6. Sri. Pratheep K.C., learned counsel for the petitioners reiterating the grounds urged in the bail petition vehemently contended that the petitioners are not having any antecedents and they are innocent of the offence alleged against them and they have been falsely implicated in this case and sought for grant of bail.

7. Per contra, learned High Court Government Pleader opposes for grant of bail.

8. In the light of the rival contentions, this Court perused the materials on record meticulously. On such perusal of the materials on record, it is seen that the head of the raid party was able to seize fruits, flowering tops, seeds and leaves of ganja weighing 1197 grams and captured the petitioners.

9. Whether at all, the petitioners are involved in the alleged offence or not cannot be decided by this Court at this stage by holding a mini trial.

10. Suffice to say that since the seized ganja is above the small quantity and below the commercial quantity, it should be termed as intermediary quantity and therefore, Section 37 of the NDPS Act has no application to the case on hand and the bail request of the petitioners can be entertained by this Court by resorting the special power vested with this Court under Section 439 of Cr.P.C.

11. On such consideration of the materials on record, it is seen that since ganja has already seized and the petitioners are not having any antecedents, continuation of the accused petitioners in judicial custody is no longer warranted.

12. The apprehension expressed by the prosecution can be met with by imposing stringent and suitable conditions.

Accordingly, this Court passes the following:

O R D E R

The Criminal