This petition under Section 439 of Cr.PC is filed by the

accused No.1 to enlarge him on bail for the offence punishable

under

Section

20(b)(ii)(C)

of

the

Narcotic

Drugs

and

Psychotropic Substances Act, 1985.

2.

Heard the learned counsel for the petitioner -

accused No.1 and the learned High Court Government Pleader

for the respondent - State.

3.

On 28.5.2022, on receiving credible information,

the Police Sub-Inspector and others went to the spot, and

intercepted the goods vehicle transporting ganja, and the

accused Nos.1 and 2 were apprehended. On enquiry, they

stated that they were transporting the ganja illegally at the

instance of accused No.3. The police seized the 131 packets of

ganja each weighing 2 kg. The seized contraband was sent to

the FSL. The FSL submitted a report stating that, article Nos.1

to 131 contain dried broken stalks bearing greenish-brown

colour small leaves with fruiting/flowering tops and seeds with

characteristic smell.

4.

The seized contraband consists of stem, roots,

leaves, flowers etc. and out of the same, bulk of the weight is

comprised of leaves, stem and roots etc. The prohibited

substance of ganja is defined in Section 2(iii)(b) of NDPS Act

and it reads as follows:

"2(iii)(a) xxxxxxx

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(b)

Ganja, that is the flowering or fruiting tops of

the cannabis plant (excluding the seeds and leaves

when not companied by the tops) by whatever

name they may be known or designated; and

(c) xxx"

5.

It

is

therefore

evident

that,

the

prohibited

substance is the flowering or fruiting tops of the cannabis plant

(excluding the seeds and leaves when not accompanied by the

tops) and not the stem, root, leaves etc. The charge sheet

does not give the weight of relevant material so as to make out

whether the quantity seized was really a commercial quantity

or less than the same. The petitioner - accused No.1 has made

out a prima facie case to enlarge him on bail. Accordingly, I

pass the following:

ORDER

i)

Criminal petition is allowed.

ii)

The petitioner - accused No.1 shall be enlarged on

bail in Crime No.41/2022 of Bagdal Police Station, District Bidar

for the offences punishable under Section 20(b)(ii)(C) of the

Narcotic Drugs and Psychotropic Substances Act, 1985, subject

to following conditions:

(a)

The petitioner/accused No.1 shall furnish a personal

bond for a sum of Rs.One lakh with one local surety

for the like sum to the satisfaction of the

Investigation Officer.

(b)

He shall appear before the Investigating Officer as

and when required.

(c)

He shall not threaten or allure the prosecution

witnesses in whatsoever manner.

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(d)

He shall not get involved in similar offences.

(e)

He shall not leave the jurisdictional limits

without prior permission of the Investigating

Officer.

Sd/-

JUDGE

BKM

List No.: 1 Sl No.: 28