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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 17^TH DAY OF AUGUST 2021

BEFORE

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION No.200954/2021

Between:

Sri Ramu S/o Laxman Gaganamali

Aged about 85 years, Occ: Nil

R/o Ratnapur, Tq. Tikota

Dist. Vijaypur

… Petitioner

(By Sri S.S. Mamadapur, Advocate)

AND:

The State of Karnataka

Through Vijayapur Excise Range PS

Rep. by its State Public Prosecutor

Advocate General's Office

High Court Building, Kalaburagi

… Respondent

(By Sri Mallikarjun Sahukar, HCGP)

This Criminal Petition is filed under Section 438 of

Criminal Procedure Code, praying to enlarge the petitioner

on bail in the event of his arrest by the respondent police

in

Vijaypur

Excise

Range

PS

Crime

No.23/2020-

21/100IE/100303, registered for the offences punishable

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under Sections 20, 20(a), 25, 28, 8(b), 8(c) of the NDPS

Act, 1985, pending on the file of III Addl. Civil Judge and

JMFC-III, Vijaypur, on such terms and conditions as

deeded fit.

This petition coming on for Orders this day, the

Court made the following:

O R D E R

This petition is filed under Section 438 of Cr.P.C. to

enlarge the petitioner on anticipatory bail.

2.

I have heard the learned counsel for petitioner

and

learned

High

Court

Government

Pleader

for

respondent-State.

3.

On a complaint lodged by Excise Inspector,

Vijayapur Range, FIR No.23/2020-21/1003IE/100303 was

registered against the petitioner on 01.03.2021 for

offences punishable under Sections 20, 20(a), 25, 28, 8(b)

and

8(c)

of

the

Narcotic

Drugs

and

Psychotropic

Substances Act, 1985 (for short 'NDPS Act').

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4.

It is alleged that on 01.03.2021 at about 12.00

noon, a credible information was received that petitioner

has

illegally

cultivated

ganja

in

his

land

bearing

Sy.No.36/*/3Ka/3 of Ratnapur village, Tikota Taluk,

Vijayapur District. The complainant along with his staff and

panch witnesses went to the spot and found that ganja

plants were grown in the midst of Jowar crops. A total

quantity of 50 Kgs. of ganja together with roots, flower

and seeds and 3 Kgs. of dry ganja was seized under a

mahazar.

5.

It is the contention of learned counsel for

petitioner that only on the ground that petitioner is the

owner of the land, he has been falsely implicated. He

submits that Section 25 of NDPS Act has been invoked

which provides punishment, if any owner or occupier of the

premises permits to use that premises by any other

person. He therefore contends that the prosecution has not

specifically alleged that it was the petitioner, who was

growing ganja and only on suspicion that the person who

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ran away from the spot is the petitioner, has implicated

him as an accused in this case. He submits that petitioner

is aged about 85 years and he is not able to properly move

and therefore, question of running away after seeing the

Excise officials is difficult to believe. He submits that

petitioner is ready to abide by any conditions and he will

mark his attendance at the concerned police station and

co-operate with the investigation. Accordingly, seeks to

allow the petition.

6.

Learned

High

Court

Government

Pleader

contends that petitioner is the owner of the land in

question, where ganja plants are grown in the midst of

Jowar crops. He contends that about 50 Kgs. of ganja

plants and 3 Kgs. of dry ganja has been seized. The seized

ganja is a commercial quantity. Hence, there is a prima

facie case made against the petitioner. He submits that

even under Section 25 of the NDPS Act, the owner or the

occupier of the land if permits the land to be used by any

other person, then he is also liable for the same

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punishment provided for that offence. He therefore seeks

to reject the petition.

7.

According to the prosecution, on receiving a

credible information that petitioner has illegally grown

ganja plants in his land bearing Sy.No.