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Judgment
21 paragraphs · 380 wordsH.P. Sandesh, J
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused No.3 in Crime No.62/2021 of Chickmagalur CEN
Crime Police Station, Chikkamagaluru, for the offences punishable under Sections 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (‘the NDPS Act’ for short).
Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/ State.
The factual matrix of the case of the prosecution is that based on the credible information, raid was conducted and found 101 kgs and 20 grams of
dried ganja stem, flowering tops and fruiting tops with seeds worth of Rs.25,00,000 from the vehicle bearing No.KA.03/MQ.519, when this petitioner
and other two accused persons were transporting the same. Hence, a case has been registered and the matter is under investigation.
The learned counsel appearing for the petitioner would submit that this petitioner is in custody from the last 161 days, there is no any criminal
antecedent against this petitioner and only the phone was recovered. Hence, the petitioner may be enlarged on bail.
Per contra, the learned High Court Government Pleader appearing for the State would submit that the Court has to take note of the quantum of
ganja seized and the same is a commercial quantity. This petitioner was red-handedly apprehended along with other accused persons when they were
transporting the ganja, which was also secured from Andhra Pradesh. Hence, there is a prima facie case against the petitioner.
Having heard the respective counsel and having taken note of the fact that the possession of contraband substance weighing 101 kgs and 20 grams
was recovered from this petitioner as well as the other accused persons when they were transporting the same in the vehicle and taking into note of
the quantity of ganja seized, the matter is under investigation and the charge-sheet is not yet filed. Hence, it is not a fit case at this juncture to exercise
the discretion in favour of the petitioner.
In view of the discussions made above, I pass the following:
ORDER
(i) The bail petition is rejected.
(ii) However, liberty is given to the petitioner to approach this Court after filing of the charge sheet.