Santhosh H N Vs the State of Karnataka

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.34/2024-25/2010/IE/201010 REGISTERED BY THE RESPONDENT THAT IS EXCISE POLICE, ARAKALGUD AGAINST THE PETITIONERS FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 20(b), 20(b)(ii)(B), 25, 8(c) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 WHICH IS PENDING BEFORE THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN.

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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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The petitioners / accused Nos.1 and 2 have preferred

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this petition to enlarge them on bail in FIR No.34/202425/2010IE/201010 registered by the Excise Inspector, Arkalgud Range.

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It is alleged that on 10.12.2024 at about 8.30 p.m., the complainant was on patrolling duty in Arkalgud Town. On receiving a credible information, he went near the forest quarters at Arkalgud main road along with his

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staff and panchas and noticed a black color Bajaj Pulsar two wheeler bearing registration No.KA13-EQ-2721 coming from Holenarasipura. They stopped the said two wheeler and found that the accused were illegally transporting 8kg 268 grams of dry ganja.

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Crime was registered for offences punishable under Sections 20(b), 20(b)(ii)(B), 25 and 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). Accused were arrested and Ganja was seized. Sample collected was sent for examination.

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Learned Additional State Public Prosecutor has filed statement of objections. She has contended that as per the report of Chemical Analyst, the sample has been tested positive for Cannabis (ganja). She has therefore, contended that there is a prima facie case against the petitioners and they are not entitled for bail.

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The alleged ganja seized in this case is not a commercial quantity. It is contended by the learned

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counsel for petitioners that the procedures contemplated under NDPS Act are not strictly complied while conducting seizure panchanama. It is also contended that ganja seized is not a commercial quantity and therefore, there is no bar under Section 37 of NDPS Act to grant bail.

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Ganja seized in this case is not a commercial quantity. The petitioners are in custody since 11.12.2024. There are no criminal antecedents against them. They have undertaken to furnish sureties to ensure their presence before the trial Court. Hence, by imposing stringent conditions, petitioners can be enlarged on bail. Accordingly, the following:

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ORDER

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(i) Petition is allowed .

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(ii) Petitioners / accused Nos.1 and 2 in FIR

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No.34/2024-25/2010IE/201010 of Excise Department,

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Arkalgud Range (Crime No.371/2024) registered for offences punishable under Sections 20(b), 20(b)(ii)(B), 25

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and 8(c) of NDPS Act, pending on the file of the Principal District and Sessions Judge, Hassan, shall be released on bail subject to following conditions:

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

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

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

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

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e) They shall appear before the trial Court on all dates of hearing without fail.

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