Kiran, Vs State by Psi, Cen P.S. Davanagere

KIRAN, S/O SHIVAKUMAR, AGE 24 YEARS, OCC: PLUMBER, R/O NEAR KEB OFFICE, SANJAY COLONY, JUNCTION ROAD, BHADRAVATI CITY, SHIVAMOGGA DISTRICT. PIN CODE NO:577 245.

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…PETITIONER

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(BY SRI. RAJU C N.,ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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STATE BY PSI, CEN CRIME P.S. DAVANAGERE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE, BANGALORE - 560 009.

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…RESPONDENT

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(BY SRI. HARISH GANAPATHY., HCGP)

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.159/2024 OF DAVANAGERE CEN CRIME POLICE DAVANAGERE, ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT DAVANAGERE FOR THE OFFENCE P/US/ 20(a)(ii)(B) OF NDPS ACT BY ALLOWING THIS PETITION.

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NC: 2025:KHC:72 CRL.P No. 14179 of 2024

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioner is seeking regular bail in Crime

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No.159/2024 of CEN Crime Police Station, Davanagere registered for offence punishable under Section 20(a)(II)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

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Heard the learned counsel for petitioner and learned HCGP for respondent - State and perused the material on record.

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The petitioner is alleged to have been in illegal possession of 1 kg 8 grams of ganja valued at Rs.80,000/-. The said ganja was seized and sent to Forensic Science Laboratory for examination. The petitioner is in custody since 03.12.2024.

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According to the prosecution, the Police Inspector, CEN Crime Police Station, Davanagere received

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NC: 2025:KHC:72 CRL.P No. 14179 of 2024

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a credible information on 03.12.2024 at about 7:40 pm

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that an unknown person was trying to sell ganja to the public near Chetana Groups of Institutions, Davanagere. The said information was passed on to the higher officers and a raid was conducted by the complainant along with his staff. The petitioner was noticed standing near a white and black color motorbike with a yellow cover. He was apprehended and the said yellow cover containing ganja, which was emanating pungent smell was seized under a mahazar in the presence of panchas.

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It is contended by the learned counsel for petitioner that as per mahazar, the substance seized contained flowers, buds, stems and seeds and it was weighed including the packet and therefore, it cannot be said that the seized substance in this case is more than the small quantity. It is contended that the petitioner is innocent and he has been falsely implicated in this case. He submitted that the petitioner is ready and willing to abide by any condition and he has no bad antecedents.

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NC: 2025:KHC:72 CRL.P No. 14179 of 2024

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Learned HCGP has contended that the

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substance seized has been sent to Forensic Science Laboratory for examination and the investigation is in progress and in view of the nature of offence committed by the petitioner, he is not entitled for bail.

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According to the prosecution the ganja seized from the petitioner is 1 kg and 8 grams. However, as per mahazar, substance has been weighed along with the bag and the alleged ganja contained flowers, buds, stems, seeds etc. It is not forthcoming as to what was the exact quantity of ganja seized in this case. Ganja seized is not commercial quantity. Petitioner has no criminal antecedents. He is a permanent resident of Bhadravathi in Shivamogga District. He has undertaken to furnish sufficient surety to ensure his regular presence before the Trial Court and hence by imposing conditions, petitioner can be admitted to bail. Accordingly, the following:

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ORDER

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i) The criminal petition is allowed.

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NC: 2025:KHC:72 CRL.P No. 14179 of 2024

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ii) Petitioner / accused No.1 shall be enlarged on

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bail in Crime No.159/2024 of CEN Crime Police Station, Davanagere registered for offence punishable under Section 20(a)(II)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to following conditions:

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a) He shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for the likesum to the satisfaction of the Trial Court.

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b) He shall mark his attendance at CEN Crime Police Station, Davanagere on every Saturday between 10:00 a.m and 01:00 p.m till the conclusion of investigation.

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b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address.

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c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge.

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d) He shall not tamper with the prosecution witnesses either directly or indirectly.

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