IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2801 OF 2025 BETWEEN:

1. JAHER ALI S/O KHACEM ALI AGED ABOUT 35 YEARS RESIDING AT COOLIE LINE OF RAJEGOWDA ESTATE, HALASABALU VILLAGE, ALCHOLE COLONY SUB VILLAGE, MALLENAHALLI POST CHIKKAMAGALURU TALUK - 577 131 NATIVE OF RANIPUKARI VILLAGE KAJIYAMATHI POST, BAKUL TALA TALUK UDALGURI DISTRICT ASSAM STATE - 784 509.

2. HAMEEDUL ISLAM S/O. HURUMUZ ALI Digitally AGED ABOUT 20 YEARS signed by NANDINI MS R/AT HALASABALU VILLAGE Location: ALEHOLE COLONY SUB VILLAGE High Court of Karnataka MALLENAHALLI POST CHIKKAMAGALURU TALUK - 577 131 NATIVE OF LADAM VILLAGE BALASAND TALUK UDALGURI DISTRICT ASSAM STATE - 784 509.

…PETITIONERS (BY SRI SACHIN B.S, ADV.)

AND:

STATE OF KARNATAKA BY CEN CRIME POLICE STATION CHIKKAMAGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGLORE - 560 001.

…RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL UNDER SEC.483 OF BNSS, IN CONNECTION WITH SPL.C.NO.4/2025 IN CR.NO.107/2024 REGISTERED BY CHIKKAMAGALURU CEN CRIME P.S., FOR THE OFFENCE P/U/S 20(b)(ii)(B) AND SEC.29 OF NDPS ACT ON THE FILE OF PRL.SESSIONS AND SPL.JUDGE AT CHIKKAMAGALURU.

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

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused Nos.1 and 2 in Special Case No.4/2025 pending before the Court of Principal Sessions and Special Judge, Chikkamagaluru, arising out of Crime No.107/2024 registered by Chickmagalur CEN Crime Police Station, Chikkamagaluru, for the offences punishable under Sections 20(b)(ii)(B) and 29 of the NDPS Act, 1985, are before this Court under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.107/2024 was registered by Chickmagalur CEN Crime Police Station, Chikkamagaluru, against petitioners herein for the aforesaid offences based on the first information dated 15.11.2024 received from Raghunath S V, Police Officer attached to Chikkamagaluru CEN Crime Police Station. During the course of investigation, accused Nos.1 and 2 were arrested on 15.11.2024 and subsequently, remanded to judicial custody. After completion of investigation, charge sheet has been filed against the petitioners for the aforesaid offences. Their bail application filed in Special Case No.4/2025 was rejected on 05.02.2025.

Therefore, they are before this Court.

4. A perusal of the material on record would go to show that the contraband article allegedly ganja seized in the present case totally weighs 1.26 kg. Therefore, it is apparent that the same is of intermediate quantity. The seized contraband article included leaves, flower, stem and other parts of the ganja plant and therefore, a doubt arises as to whether the same can be considered as 'ganja' within the meaning of Section 2(iii)(b) of the NDPS Act. Undisputedly, petitioners have no other criminal antecedents. Investigation in the case is completed and charge sheet has been filed. Since the seized contraband article is not of commercial quantity, rigour under Section 37(1)(b) of the NDPS Act, cannot be made applicable to the case of the petitioners. Accordingly, the following order:-

5. The petition is allowed. The petitioners are directed to be enlarged on bail in Special Case No.4/2025 pending before the Court of Principal Sessions and Special Judge, Chikkamagaluru, arising out of Crime No.107/2024 registered by Chickmagalur CEN Crime Police Station, Chikkamagaluru, for the offences punishable under Sections 20(b)(ii)(B) and 29 of the NDPS Act, 1985, subject to the following conditions:

a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b