Kadadevaramath Sudhakar and Biradar Ningouda vs State of Karnataka

Jawad Rahim, J.—Petitioners are ranked as accused Nos. 1 and 2 in Crime No. 11/12, which is now converted to Special Case No. 44/2013 facing charge for offences punishable u/s 8(c), 20(b)(ii)(c), 25 and 29 of NDPS Act. They are in judicial custody and seek bail from there. The records reveal the Excise Superintendent, State Vigilance Squad, received information that some persons are transporting ganja and accordingly on 20.12.2012, the excise officials constituted a team and kept watch near Badachi village. They saw the petitioners riding the motor cycle from Bijapur and near Badachi Village they stopped them and on checking, they found the petitioners carrying ganja leaves weighing about 10 k.g. in a gunny bag, same was seized along with the motor cycle. On further investigation, the petitioners reveal storage of ganja near Badachi bridge. The officials went there and seized ganja leaves and plants weighing about 55 k.gs. A case was registered and after investigation final report has been filed.

The prosecution laid charge for the offences indicated above on the ground of possession, but not cultivation. The total quantity of ganja leaves seized is 55 k.gs.

The question is whether Section 37 would apply or they could be granted bail under the general provisions of the Code of Criminal Procedure.

Prosecution admits, after seizing ganja leaves and plants, it has not been sent to lab for determining the quantity, nor the investigating officer has separated the ganja from the plants and leaves. The ganja is defined in the Act as the plants, flowers, twigs, seeds. Unless it is separated from the main plant, it is difficult to say what is the quantity of ganja seized, whether it is small quantity or commercial quantity. It could be noticed total quantity is 55 kgs and if ganja is separated from this weight, it would be much less. As per Central Government, the small quantity of ganja is 1 k.g, whereas the commercial quantity is 20 k.g. Unless ganja is separated from the plants to determine the exact quantity, it cannot be said that a case is made out against the petitioners.

Being of this view and taking into consideration other factors, the petitioners could be trusted with bail. Hence, the petition is allowed with the following conditions:

i. Petitioners shall execute a bond for a sum of Rs. 25,000/- each with one solvent surety for the like sum to the satisfaction of the trial Court or the Court of Sessions, as the case may be.

ii. Petitioners shall not tamper with the prosecution material or prevail upon witnesses by any means.