Dismissed

Mallappa v. the State of Karnataka

Karnataka HC15 Feb 2021CRL.P/100283/2021

Case brief

AI extract

What is this about?

Criminal petition filed under Section 439 Cr.P.C. for regular bail in an NDPS case involving ganja cultivation. Petitioner argued weight of seized items would be less after bifurcation. Court observed total weight was nearly 40 kgs, constituting commercial quantity, and denied bail as investigation pending.

What did the court decide?

Criminal petition for regular bail dismissed; petitioner to remain in custody.

Mallappa Vs the State of Karnataka — Narcotics (NDPS) | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 15^th DAY OF FEBRUARY 2021

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BEFORE

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THE HON’BLE MR.JUSTICE K. NATARAJAN

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CRIMINAL PETITION NO.100283/2021

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BETWEEN:

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MALLAPPA S/O BHIMAPPA MANGI AGE. 55 YEARS, OCCUPATION AGRICULTURE, R/O JAGANUR, TALUKA CHIKKODI DISTRICT BELAGAVI 591201

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.. PETITIONER

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(BY SRI. AKSHAY A. KATTI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH INSPECTOR CHIKODI POLICE STATION, REPRESENTED BY ADDL. STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA DHARWAD BENCH AT. DHARWAD

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.. RESPONDENT

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(BY SMT. SEEMA SHIVA NAIK, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ALLOW THE PETITION AND PASS AN ORDER TO RELEASE THE PETITIONER ON BAIL IN CHIKKODI P.S. CR.NO.154/2020

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ON THE FILE OF THE II ADDL. DIST. AND SESSIONS JUDGE, BELAGAVI FOR THE OFFENCES PUNISHABLE UNDER SEC. 20(A) AND (B) OF THE NDPS ACT, 1985 IN THE ENDS OF JUSTICE.

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THIS PETITION COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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This petition is filed by the petitioner/accused under Section 439 of the Code of Criminal Procedure, 1973, for granting regular bail in Crime No.154/2020 registered by the Chikkodi Police Station for the offence punishable under Section 20(a)(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985.

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The case of the prosecution is that, on the complaint of one Sri. Gajanana Naik, PSI District CEN Crime Police, the police registered a case against the petitioner for the aforesaid offence. It is alleged that on the credible information, the complainant along with his staff and panchas visited the land of the petitioner in R.S.No.46/2 within the jurisdiction of Jaganur village and found ganja plants being grown in between the sugarcane crop after plucking of the ganja plants, the flowering and fruits were weighed

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and was found to be 19.5kg and the roots and stem weighed 20kgs 100 grams. The accused was present in the land. He was arrested and later he was taken to custody. Accordingly, he was remanded to judicial custody. The petitioner approached learned Sessions Judge for granting bail which came to be rejected. Hence, the petitioner is before this Court.

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Learned counsel for the petitioner contended that the petitioner is innocent of the offence alleged. Even otherwise, the wet ganja plants, fruits, flowers, seeds, leaves, roots and stem are collected by the police and on bifurcating the seeds and flowering, it will be less than the weight mentioned by the police which will be less than the commercial quantity. The accused was arrested on 21.10.2020. He is in custody for almost four months. He is ready to abide the any conditions. Hence, prayed for allowing the petition.

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Per contra, learned High Court Government Pleader objected to the bail petition and contended that the accused has grown the ganja plants in his land the police seized the same and the seeds and fruits were bifurcated from the whole plant which

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weighed 19.5 kgs and the stems and roots weighed 20kg 100 grams which is almost 40kgs. Investigating is still pending and charge sheet is not yet filed. Hence, the prayed for dismissing the petition.

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Upon considering the arguments of the learned counsel

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for the petitioner and learned Government Pleader and on perusal of the records, it goes to show that the petitioner was arrested by the police on the spot in his land. With the help of the villagers and panchas, the police have seized ganja seeds, flowers and fruits measuring 19.5kg and stems and roots weighed 20kg 100 grams under the panchanama in the presence of the Gazetted Officer and other independent witnesses. The land belongs to the accused. He had grown the ganja in his land in between the sugarcane crops which was grown in the entire field and at this stage it cannot be said that the ganja plants had grew naturally without the knowledge of the accused when the total ganja plants weighed almost 40kgs including both the roots and stems, flower and seeds and particularly when the flowers and seeds weighed 19.5kgs which

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is almost commercial quantity. Investigation is still pending. Hence, I am not inclined to grant bail to the petitioner.

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Accordingly, I pass the following order.

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The Criminal petition is dismissed.

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Sd/JUDGE

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kmv

Mallappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mallappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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