Bail granted under the Narcotic Drugs Act considering the minor quantity of contraband and completion of investigation.

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

1. Accused Nos.1 and 2 in Crime No.138 of 2025 registered by Belagavi Rural Police Station, Belagavi for offences punishable under Section 20 (b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 are before this Court in this petition filed under Section 483 of BNSS

2023 seeking regular bail.

2. Heard learned counsel for the parties.

3. FIR in Crime No.138 of 2025 was registered by Belagavi Rural Police Station, Belagavi against the petitioners herein for the aforesaid offences based on the first information dated 26.07.2025 received from Santosh Dalawayi, Police officer attached to Belagavi Rural Police Station, Belagavi. During the course of investigation of the said case, accused Nos.1 and 2 were arrested on 26.07.2025 and subsequently remanded to judicial custody. Their bail application filed before the Jurisdictional Sessions Court in Crime No.138 of 2025 was rejected on 06.08.2025.

Therefore, they are before this Court.

4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that the seized contraband articles, allegedly ganja, involves leaf, stem, seeds, flower, and other parts of the ganja plant. The quantity of contraband article seized is little more than small quantity. Investigation of the case is almost completed. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP has opposed the petition. She submits that as against accused No.1, a criminal case for offence punishable under the provisions of IPC was registered in the year 2018. Investigation in the present case is not completed. Accordingly, she prays to dismiss the petition.

6. In the first information, which was submitted by the police officer, attached to Belagavi Rural Police Station, it is stated that on 26.07.2025, at about 09.00 a.m., when he was on patrolling duty, he received a credible information that two persons who were travelling in a two wheeler, were transporting contraband article ganja in the vehicle, for the purpose of sale. On receipt of said credible information, he returned to the police station and after reducing the credible information in the station house diary, he informed about the same to his higher officers and thereafter conducted raid and intercepted the motorcycle in which the accused persons were travelling. From their possession, contraband article allegedly ganja totally weighing 1 kg 260 grams which was found in the scooter in which the accused were travelling was seized under a panchanama and thereafter the accused and the contraband article seized were brought to the police station and FIR was registered against them.

7. Undisputedly petitioners do not have any criminal antecedents of similar nature. As against the petitioner No.1, one criminal case was registered in the year 2018 allegedly for offence punishable under Section 326 of IPC. Except the said case, no other criminal cases are registered/

pending against the petitioners. So far as the present case is concerned, the seized contraband article totally weighs 1 kg 260 grams, which is a little more than the small quantity and it includes flower, seeds, stem and other parts of the ganja plant, and therefore, a doubt arises whether the contraband article seized can be considered as ganja within the meaning of Section 2(iii)(b) of NDPS Act, 1985. Since the contraband article seized in the present case is of intermediate quantity, rigour under Section 37(1)(b) of the NDPS Act is not attracted against the petitioner. Investigation of the case is almost completed. Under the circumstances, I am of the opinion that the prayer made for grant of regular bail needs to be answered in the affirmative. Accordingly, the following:

ORDER i. Criminal Petition is allowed.

ii. The petitioners are directed to be enlarged on bail in Crime No.138 of 2025 registered by Belagavi Rural Police Station