IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 14284 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. MR. BABULA MADI

S/O IRMA MADI

AGED ABOUT 33 YEARS

RESIDING AT

SINDHIGUDA VILLAGE

BEJANGEVADA POST

KALIMELATHA

MALKANGIRI DISRICT

ODISHA STATE

PIN CODE No. 764 047

…PETITIONER

(BY SRI HEMANTH KUMAR S R, ADVOCATE)

AND:

Digitally signed by

1. STATE BY LASHKAR POLICE STATION

LAKSHMINARAYANA

MURTHY RAJASHRI REPRESENTED BY

Location: HIGH

SPP, HIGH CORT OF KARNATAKA

COURT OF

KARNATAKA BANGALORE

PIN CODE – 560 001.

…RESPONDENT

(BY SMT. WAHEEDA M M, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 (FILED

U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL FROM THE LASHKAR POLICE STATION FOR THE

OFFENCE PUNISHABLE UNDER SECTIONS 20(b)(ii)C, OF NDPS ACT AND UNDER SECTION 340(2) OF BNS ACT, IN SPL.C.No.273/2025.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.2 under Section

483 of the BNSS praying to grant bail in Special Case No.273/2025 pending on the file of VII Additional District and Sessions Judge, Mysuru registered for offences punishable under Section 20(b)(ii)(C) of NDPS Act and Section 340(2) of BNS.

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

3. Learned Counsel for the petitioner would contend that spot mahazar indicate that seized contraband contained leaves, flower, seeds and stem and definition of ganja contained in Section 2(iii)(b) of NDPS Act only flowering or fruiting tops of the cannabis plant excluding the seeds and leaves is ganja. He submits that in a similar case, the High Court of Andhra Pradesh has granted bail in Criminal Petition No.5306/2025. With these, he prays to allow the petition and grant bail to the petitioner.

4. Per contra, learned High Court Government Pleader for the respondent –State would contend that quantity of contraband seized is commercial quantity. The petitioner is resident of Orissa. The petitioner and another have used fake number plate for car for transformation of the ganja. FSL report indicate that the sized contraband is ganja. The punishment provided for the offence alleged is imprisonment for 10 years which may extend upto 20 years. With these, she prayed to reject the petition.

5. Having heard learned counsels, this Court has perused the materials placed on record.

6. In car bearing No.CG-04 JC-7077 Maruthi SX4, the petitioner and another were found transporting ganja, total weight of which is 32 kg 675 grams and it was parked in parking area of Tiffanis Deluxe Lodge. The quantity of ganja seized from the car is commercial quantity. The offence alleged against the petitioner and another is punishable with imprisonment for 10 years which may extend upto 20 years. Even for the sake of argument, contentions of learned counsel for petitioner is considered, the entire contraband is not ganja, as per definition of ganja contained in Section 2(iii)(b) of NDPS Act, considering the fact that quantity of ganja seized is 32 kg 615 grams, the quantity of ganja is lesser than commercial quantity, the punishment provided for the offence is imprisonment for 10 years. The petitioner is resident of Orissa. The petitioner and another have used fake number plate for the car for transportation of ganja. Considering the above aspects of the petitioner has not made out any case for grant of bail.

7. In the result, the petition is dismissed.

Sd/-

(SHIVASHANKAR AMARANNAVAR)

JUDGE DSP List No.: 1 Sl No.: 43 Ct.sm