THE HON’BLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No. 4868 of 2025

ORDER:

This criminal petition is filed by the petitioner, who is arrayed as accused No.1 under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to enlarge him on bail in Crime No.156 of 2024 on the file of Kadam Police Station, Nirmal District, registered for the offence punishable under Section 8(b)(c) read with 20(a)(b)(i)(ii)(C) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for short, “the NDPS Act”).

2.

Heard Sri V. Krishna Swaroop, learned counsel forthe petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

3.

The case of the prosecution is that on 01.12.2024, on receipt of credible information that the petitioner is illegally cultivating cannabis plants in his agriculture field with an intention to earn money, the Sub-Inspector of Police, Kadam along with his staff rushed to the fields of the petitioner and other accused and found ganja plants in their respective fields, removed them and on weighing it was found that the same was 48.64 Kgs worth Rs.41,50,000/-. The said contraband was seized under cover of panchanama in the presence of Tahsildar, Kadam and Mediators and arrested the petitioner. Basing on the said complaint, a case in Crime No.156 of 2024 was registered for the above said offences.

4.

Learned counsel for the petitioner submits that the petitioner has not committed any offence and he is falsely implicated in the present crime. The police have not segregated the actual Ganja and if the investigating officer segregated the dry Ganja, it comes to below the commercial quantity. He further submitted that accused Nos.2, 3, 5 and 6 were already released on bail. He further submits that the petitioner was arrested on 01.12.2024 and since then he is in judicial custody and entire investigation is completed except filing of charge sheet. The petitioner is ready and willing to cooperate with the investigation and also abide by the conditions that are going to be imposed by this Court. In support of his contention, he relied upon the decision of the High Court of Bombay in Mohammad Jakir Nawab Ali vs.

State of Maharashtra through P.S.O.1

1 2024 SCC OnLine Bom 3198

5.

Per contra, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the petitioner has committed a grave offence and the contraband i.e. 48.64 kgs of ganja plants was seized by the police, which is a commercial quantity. He further submitted that earlier the petitioner had approached this Court and filed Criminal Petition No.3727 of 2025 and the same was dismissed by this Court on 20.03.2025 and the investigation is under progress and therefore, the petitioner is not entitled for granting bail at this stage.

6.

Having considered the rival submissions made by both the parties and after perusal of the material available on record, it reveals that the police seized the contraband 48.64 kgs of ganja plants, which is commercial quantity. Even according to the learned Additional Public Prosecutor, the investigation is under progress. The record further discloses that earlier the petitioner approached this Court and filed Criminal Petition No.3727 of 2025 and the same was dismissed by this Court on 20.03.2025. This Court does not find any change in the circumstances. Hence, this Court is not inclined to grant bail to the petitioner.

7.

Accordingly, the Criminal Petition is dismissed.

Pending miscellaneous applications, if any, shall stand closed.

JUSTICE J.SREENIVAS RAO,J Date: 15.04.2025 pgp