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NC: 2026:KHC:24725

CRL.P No. 1118 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF MAY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

CRIMINAL PETITION NO. 1118 OF 2026

BETWEEN:

NAGARAJU

S/O SIDDUNAIKA,

AGED ABOUT 45 YEARS,

LAMBANI CASTE,

OCCUPATION AGRICULTURIST,

R/O DOMMANAGADDE VILLAGE,

HANNUR TALUKU,

CHAMARAJANAGAR DISTRICT

…PETITIONER

(BY SRI. VINOD KUMAR M., ADVOCATE)

AND:

STATE OF KARNATAKA

Digitally REPRESENTED BY

signed by

SUMA B N RAMPURA POLICE STATION,

Location: CHAMARAJANAGARA DISTRICT,

HIGH COURT

CHAMARAJANAGARA,

OF

KARNATAKA REPRESENTED BY

THE LEARNED STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

AMBEDKAR VEEDHI,

BANGALORE-560 001

…RESPONDENT

(BY SMT. RASHMI PATEL, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.PC

(FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER

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NC: 2026:KHC:24725

CRL.P No. 1118 of 2026

HC-KAR

ON BAIL IN CR.NO.180/2025 OF RAMPURA P.S., PENDING IN

THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE AT

CHAMARAJANAGARA, FOR THE OFFENCES U/S. 20(a)(i) OF THE

NDPS, 1985, BY ACCEPTING SURETY OR ON ANY CONDITIONS

THAT THIS HON'BLE COURT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

The petitioner, who is accused in Crime No.180/2025

registered at Rampura Police Station for the offence

punishable under Section 20(a)(i) of the Narcotic Drugs

and Psychotropic Substances Act, 1985 (the NDPS Act' for

short), is before this Court seeking grant of bail. The

charge sheet has been filed. The accused - petitioner has

been in custody since 11.12.2025.

2. The allegation is that upon the secret

information that was reduced into writing by the

respondent - Police on 11.12.2025, regarding the

petitioner/accused illegally growing ganja plants on his

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NC: 2026:KHC:24725

CRL.P No. 1118 of 2026

HC-KAR

land amidst jowar plantation between teakwood trees, the

respondent - Police allegedly conducted the raid and

search and seized 20 ganja plants, measuring 4-6 feet in

height, with flowers, seeds, branches and leaves, totally

weighing 10kgs and 500grams.

3. The learned counsel appearing for the petitioner

submits that the seized contraband substance does not

meet the definition of ganja as provided under Section

2(iii)(b) of the NDPS Act. That there is a clear violation of

the procedure as to contraband. The petitioner/accused

has been imprisoned for five months.

4. The learned counsel appearing for the petitioner

further draws attention of this Court to the mahazar report

produced at page No.27, particularly unnumbered

paragraph No.4 of page No.28 of the mahazar report to

submit that the seized alleged contraband substance do

not meet the qualification of definition provided under the

Act. Hence, seeks for release on bail.

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NC: 2026:KHC:24725

CRL.P No. 1118 of 2026

HC-KAR

5. The learned High Court Government Pleader on

the other hand submits that the seizure mahazar was

drawn on the spot in the presence of the panchas, where

20 plants of ganja was found being grown on the land

belonging to the petitioner, totally weighing 10kgs

500grams valuing at Rs.5,25,000/-. Thus, seeks rejection

of petition.

6. Heard the learned counsel for parties and

perused the records.

7. Section 2(iii)(b) of the NDPS Act defines

"Ganja" as under:

"(b) ganja, that is, the flowering or fruiting

tops of the cannabis plant (excluding the seeds and

leaves when not accompanied by the tops), by

whatever name they may be known or designated;"

8. Mahazar report at page No.28 of the petition

indicates the seized material to be as under:

"£ÀAvÀgÀ UÁAeÁ VqÀUÀ¼À£ÀÄß JtÂPÉ ªÀiÁr £ÉÆÃqÀ¯ÁV MmÁÖgÉ 20

UÁAeÁ VqÀUÀ½zÀÄÝ, EªÀÅUÀ¼À£ÀÄß ¨ÉÃgÀÄ, PÁAqÀ, ºÀÆ-UÉÆAqÉ-©Ãd «Ä²ævÀªÁzÀ

¸ÉƦà£À ¸ÀªÉÄÃvÀ 1 ºÉÆgÉ ªÀiÁr, ¸ÀܼÀPÉÌ vÉUÉzÀÄPÉÆAqÀÄ ºÉÆÃVzÀÝ J¯ÉPÁÖç¤Pï

¸ÉÌÃ¯ï ¤AzÀ vÀÆPÀ ªÀiÁr £ÉÆÃqÀ¯ÁV 10 PÉ.f 500 UÁæA vÀÆPÀ EgÀÄvÀÛzÉ.

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NC: 2026:KHC:24725

CRL.P No. 1118 of 2026

HC-KAR

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