The court granted bail based on the small quantity of contraband and the lack of criminal history, emphasizing the balance between the nature of the offence and the defendant's rights.

(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

1. Accused in Crime No.43/2025 registered by Camp PS, Belagavi, for the offences punishable under Sections 20(b)(ii)(b) of NDPS Act, 1985 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (439 of Cr.P.C.) seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.43/2025 was registered by Camp PS, Belagavi, for the aforesaid offences against Raju Parashuram and two others based on the first information dated 08.07.2025 received from A. Rukmini, Police Sub Inspector, Camp police station, Belagavi.

4. During the course of investigation, petitioner who is arraigned as accused No.2 in the FIR was arrested on 08.07.2025 and subsequently, remanded to judicial custody. His bail application filed before the trial Court in Crime No.43/2025 was rejected on 31.07.2025. Therefore, he is before this Court.

5. First information was submitted by the Police Officer attached to Camp Police Station, Belagavi alleging that on 08.07.2025 at about 18.10 hours, when she was in the police station, she received a credible information about two persons selling contraband article ganja to the public. Thereafter, a raid was conducted to the alleged spot and the police had managed to arrest accused No.1- Raju Parashuram and accused No.2- Hanamanth Parashuram from the alleged spot. From the possession of accused No.1, contraband articles allegedly ganja totally weighing 812 grams. and a sum of ₹1,020/- was recovered and from the possession of accused No.2 contraband articles allegedly ganja weighing 254 grams and a sum of ₹1,000/- was recovered. The recovered articles were subjected to pancharama. Thereafter, the accused were arrested and produced before the Court. It is alleged that accused No.3 is the person who had supplied the contraband articles to accused Nos.1 and 2. It is under these circumstances, FIR has been registered against 3 persons.

6. Material on the record would go to show that from the possession of the petitioner, contraband article allegedly ganja totally weighing 254 grams has been seized. The same is of small quantity and the maximum punishment for the alleged offence is imprisonment for a period of one year. Undisputedly, petitioner has no other criminal antecedents and is in custody from 08.07.2025 onwards.

7. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative.

Accordingly the following:

ORDER i. Petition is allowed.

ii. The petitioner is directed to be enlarged on bail in Crime No.43/2025 registered by Camp PS, Belagavi, for the offences punishable under Sections 20(b)(ii)(b) of NDPS Act, 1985 , subject to the following conditions:

a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court;

b. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d. The petitioner shall not involve in similar offences in future.