Ramanagouda vs The State

Jawad Rahim, J.—The petitioner who is accused of having committed offences punishable u/s 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ''the Act''), seeks bail while in judicial custody. Learned Addl. S.P.P. has opposed the grant of bail.

Prosecution''s case is based on the report of Sri. S.M. Joshi, Deputy Commissioner of Police, Dharwad, before Vidyagiri Police Station, alleging that on 16.03.2013, on the basis of credible information received regarding transportation of Ganja in a Maruti Omni Car. He constituted a team and intercepted the Maruti Car bearing registration No. KA-25/M-9122 proceeding from Naragund to Kalaghatagi via Dharwad. He found nine bags of Ganja plants leaves, flowers and seeds. It was seized in the presence of Tahsildar, Dharwad and other Police Constables, evidencing seizure. A case in Crime No. 78/2013 is registered. The total weight of seized Ganja plants, flowers, seeds is said to be about 253 kilograms. The petitioner who is ranked as accused No. 1 is alleged to be transporting Ganja in the vehicle driven by accused No. 3.

Learned counsel submits that the investigating officer except stating that he has seized 253 kilograms of Ganja plants, has not indicated the actual quantity of Ganja as defined under the Act.

Though learned counsel is right in contending that as of now, the investigating officer has not indicated whether out of the seized contraband, ''Ganja'' as defined under the provisions of the Act, has been scientifically separated or not. Yet, as could be seen from Panchanama, there is a narration that what they seized was leaves, flowers, seeds and twigs of Ganja plants, the quantity of which is about 253 kilograms. Thus, even if the exact quantity of Ganja is ascertained, it will not be smaller quantity. Being of this view, I find grant of bail at this juncture would not be justified. Therefore, the petition is rejected. However, the investigating officer shall file supplementary report before the jurisdictional Court after determining the exact quantity of Ganja and upon such report, the petitioner may apply for fresh bail.