IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO. 103316 OF 2024 (438(CR.PC)/482(BNSS))

BETWEEN:

MANJUNATHA @ EEDIGARA MANJUNATHA S/O. EIGARA NARASAYYA, AGE: 49 YEARS, OCC: AGRICULTURIST, R/O. DAULATHPURA VILLAGE, TQ. SANDUR, DIST. BALLARI-583119.

… PETITIONER (BY SRI ANWAR BASHA B., ADVOCATE)

AND:

THE STATE OF KARNATAKA (THROUGH EXCISE P.S. SANDUR RANGE BALLARI)

REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580007.

Digitally signed by MANJANNA … RESPONDENT MANJANNAE E D 20 a 2 te 5 : .01.2 0 (BY SMT.GIRIJA S.HIREMATH, HCGP)

14:09:25 +0530 THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.2 ON ANTICIPATORY BAIL IN CR.NO.04/2023-24 REGISTERED IN SANDUR EXCISE RANGE POLICE STATION BALLARI, FOR THE OFFENCES U/S 20(A), 20(B), (II), (B), 25, 8(B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985 PENDING INVESTIGATION OF THE CASE BEFORE PRL.DIST. AND SESSIONS JUDGE, BALLARI, IN THE INTEREST OF JUSTICE.

THIS PETITION, COMING ON FOR ORDERS, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition for anticipatory bail is filed under Section

482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS for short) by accused no.2 (petitioner), in Crime no.4/2023- 24 registered by Sandur Excise Range Police Station, Ballari for offences punishable under Section 20 (a), 20 (b) (ii) (B), 25, 8 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).

2. Sri Anwar Basha B., learned counsel for petitioner submitted case of prosecution was that complainant – Excise Inspector while on patrol on 24.07.2023 at about 3.45 p.m. near Sandur Town, Hospete received credible information about illegal growing, stocking and sale of ganja at an Ashram. He immediately transcribed information into writing, informed Deputy Superintendent of Excise, Ballari Range by telephone and reached spot for conducting search accompanied with panchas. When they reached spot at around 4.00 p.m., one person Khavi clothes ran away from Ashram on seeing them in uniform, leading to being suspicion. As there was no time for obtaining search warrant, complainant conducted search and found one ganja plant about 4 feet in height amongst flowering and other plants, weighing 900 grams in total. Despite search, they did not find any other ganja plants. Inside a room in Ashram, they found a plastic cover containing 300 grams of dried ganja. On Dishaank App, they found petitioner was owner of land. They also found Aadhar Card of a person who resembled Swamiji seen earlier running away from spot. Above material was seized after drawing panchanama. Thereafter, complaint was filed for aforesaid offences.

3. It was submitted, petitioner was an agriculturist by profession holding about 30 acres of land. He had constructed a building with temple and ashram for facilitating pilgrims. He had not grown ganja and there was every possibility of plant found to have grown accidentally. It was further submitted, 300 grams of dried ganja seized did not belong to him. It was submitted, total quantity was recovered was in any case less than commercial quantity and as there were absolutely no criminal antecedents, only to tarnish his reputation in society, he was being falsely implicated. It was submitted, after completion of investigation charge sheet was already filed on 13.03.2024.

On above grounds sought for allowing petition.

4. On other hand, Smt.Girija S.Hiremath, learned HCGP for respondent opposed petition. It was submitted, on receipt of credible information, complainant had conducted search of premises and land belonging to petitioner. Search had resulted in recovery of 300 grams of dried ganja inside building and one plant growing nearby weighing 900 grams. Though same did not quantify as commercial quantity, it w