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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 1^ST DAY OF FEBRUARY, 2019

BEFORE

THE HON’BLE MR. JUSTICE P.G.M.PATIL

CRIMINAL PETITION NO. 200075/2019

BETWEEN:

SURESH S/O MALLIKARJUN GOBBI

AGE: 45 YEARS, OCC: HOTEL BUSINESS

R/O HORTI, TQ.INDI

DIST.VIJAYAPURA.

... PETITIONER

(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)

AND:

THE STATE OF KARNATAKA

R/BY ADDL. SPP KALABURAGI BENCH

(THROUGH VIJAYAPUR EXCISE SUB DIVN.)

... RESPONDENT

(BY SRI MALLIKARJUN SAHUKAR, HCGP)

THIS CRL.P. IS FILED U/S. 439 OF CR.P.C PRAYING

TO GRANT REGULAR BAIL TO THE PETITIONER IN FIR

(CRIME) No.47/2018-19/101E/100206,

OF

VIJAYAPUR

EXCISE SUB. DIVISION, FOR THE OFFENCES PUNISHABLE

UNDER SECTIONS 20, 8(b) & 8(c) NDPS ACT-1985,

PENDING BEFORE THE CIVIL JUDGE & JMFC, INDI.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:

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ORDER

This petition is filed under Section 439 of Cr.P.C.

seeking to enlarge the petitioners on bail in FIR No.

(Crime)

No.47/2018-19/101E/100206

of

Vijayapur

Excise Sub Division Police for the offences punishable

under Section 20, 8(b) and 8(c) of Narcotic Drugs and

Psychotropic Substances Act, 1985 (in short ‘NDPS

Act’).

2.

It is the case of the prosecution that the

complainant Excise Police Officer received credible

information of illegal sale and transportation of Narcotic

Substance ganja by the accused in his hotel at Horti.

Therefore, Excise Police Officer in order to conduct raid

on the accused proceeded to Horti village on 11.12.2018

along with panchas, Excise Inspector reached near

Bantanal cross and got secured the panchas and issued

notice to them. Thereafter, they proceeded to the hotel

of accused. They stopped their vehicle at about 20

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meters near Revansiddeshwar Bank and kept a watch

on the tea hotel of the accused and found that one

person with blue lining shirt and brown color pant was

sitting on the counter. The accused is said to have kept

ganja in red color hand bag in small plastic pouches. As

such, the Excise Police Officer conducted the raid on the

hotel of the accused and the accused started to run

from the hotel along with bag. The Excise Police Officer

apprehended him and on enquiry, accused revealed his

name. He did not give satisfactory explanation

regarding the contents of the red color bag in his

possession. As such, they searched the bag and found

32 pouches of plastic bag containing ganja which was

totally weighing 960 grams. The Excise Police Officer

conducted panchanama and seized 32 pouches of ganja

packets. Thereafter the Police officer returned to police

station and registered a case and the accused was

produced before the jurisdictional Court on 11.12.2018

and since then he is in judicial custody. The

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petitioner/accused had filed a bail petition before the

JMFC, Indi under section 437 of Cr.P.C. which was

rejected on 17.12.2018.

3.

The petitioner has stated that he is innocent

and he has been involved in the present case just to

harass him. Looking to the complaint and other

material there is no compliance of sections 42, 43 and

50 of the NDPS Act. The seized ganja does not come

within the definition of commercial quantity. The

petitioner is not a habitual offender and he has not

committed the alleged offence. The petitioner had

sustained fracture injuries and a rod was implanted by

conducting operation, due to cold weather, he is

suffering pain and therefore the benefit of bail may be

extended to the petitioner. The petitioner is ready to

furnish surety and abide by the conditions, which may

be imposed by the Court.

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4.

Heard learned counsel for the petitioner and

the learned High Court Government Pleader.

5.

Learned counsel for the petitioner submits

that the quantity of ganja said to have been seized in

the case falls under small quantity being 960 grams and

therefore, the alleged offence is triable by the Court of

JMFC and is punishable with imprisonment which may

extend to one year or with fine and as such the

petitioner m