ORDER

This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. for grant of regular bail in Crime No.21/2022 registered by Sanjay Nagar Police and charge sheeted for the offence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985, which is now pending on the file of Principal City Civil & Sessions Judge, Bengaluru in Spl.C.No.1753/2022.

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

3. The case of the prosecution is that on

10.02.2022 Sanjay Nagar Police received a credible information through an informer that a Bolero Jeep came from Andhra Pradesh carrying ganja in order to sell the same. Accordingly, the police team, by obtaining the permission of the higher officer, went near the CBI Office bus stand at Bellary Road and seen that a Bolero Jeep was standing, immediately they confirmed the jeep and apprehended the petitioner and accused No.2 and seized the ganja of 103 Kgs. Then the petitioner was produced before the Special Court and he was remanded to judicial custody. His earlier bail petition came to be dismissed as withdrawn. Hence, the petitioner is before this Court by filing the present bail petition.

4. Learned counsel for the petitioner has contended that the petitioner is in custody for more than 1 year 3 months, the investigation is completed long back and charge sheet has been filed. As per the story of the prosecution, the vehicle was seized at Bengaluru on 10.02.2022 on Wednesday, but on 09.02.2022 Wednesday the said vehicle passed Andhra Pradesh border as per the photograph secured by the petitioner's family from the toll. The learned counsel contended that the petitioner was arrested a day prior to the date mentioned by them in the FIR and contends that they manipulated the documents. The petitioner has got a good case and there is violation of procedure, hence, he prays for release of petitioner on bail.

5. Per contra, learned High Court Government Pleader objected the bail petition and contended that the photograph produced by the petitioner cannot be looked into while considering the bail petition. The seized ganja is 5 times more than the commercial quantity, which is punishable with 20 years imprisonment and fine of more than Rs.2,00,000/-. Accused No.3 is still absconding. The offence alleged is a heinous one. If the petitioner is released on bail, he may abscond and securing his presence from Andhra Pradesh is ruled out. Hence, he prays for rejection of bail petition.

6. Having heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State and perusal of the records, it reveal that on 10.02.2022 Sanjay Nagar police, on credible information, apprehended the petitioner along with accused No.2 and the Bolero Jeep bearing No.AP-16-FF-1033. There were five (05) bundles of ganja kept in the vehicle measuring 20 Kg 600 grams, 20 Kg 300 grams, 20 Kg 900 grams, 20 Kg 700 grams and 20 Kg 500 grams in five respective bundles. They also seized the vehicle as well as the mobile phone of the petitioner and accused No.2 and they were taken to custody and remanded to judicial custody. The investigation is completed and charge sheet has been filed. There is a prima-facie material placed on record to show that this petitioner along with accused No.2 brought ganja of more than 100 kg which is 5 times more than the commercial quantity for Bengaluru from Andhra Pradesh for supplying.

7. Accused No.3, who is said to have sent this ganja through this petitioner, is still absconding and the police were not able to secure his presence. The investigation material clearly reveals that there is a material for seizing huge quantity of ganja of more than 100 kg from this petitioner in a vehicle. Though the petitioner has contended that there is a manipulation of documents as the vehicle was passed the Andhra Pradesh border on 09.02.202