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Judgment
Accused no.2 in Crime No.106 of 2026 registered by Hanur Police Station, Chamarajanagar District, for offence punishable under Section 20(b)(ii)(B) of NDPS Act, 1985 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.
Heard the learned counsel for the petitioner and learned HCGP on behalf of respondent - State.
FIR in Crime No.106 of 2026 was registered by Hanur Police Station, Chamarajanagar District for the aforesaid offence against Sri Manteswami and the petitioner herein, based on the first information dated 15.05.2026, received from Sri Anandamurthy, police officer, attached to Hanur Police Station. In the said case, petitioner was arrested on 19.06.2026 and remanded to judicial custody. His bail application filed before the Trial Court in Crime No.106 of 2026 was rejected on 04.07.2026. Therefore, he is before this Court.
Perusal of the material on record would go to show that, recovery of contraband article allegedly ganja totally weighing 2 kg 840 grams is only from the possession of accused no.1. It appears that, based on the confession statement of accused no.1, petitioner was subsequently arrested in the present case on 19.06.2026 and remanded to judicial custody. Investigation of the case is now completed and charge sheet has been filed.
It is not in dispute that, petitioner has no other criminal antecedents. Seized contraband article which is from the possession of accused no.1, is of intermediate quantity. The rigor under Section 37(1)(b) of the NDPS Act therefore, cannot be made applicable in the present case. Under the circumstances, I am of the opinion that, a prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.
Accordingly, the following:-
ORDER
Criminal petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.106 of 2026 registered by Hanur Police Station, Chamarajanagar District, for offence punishable under Section 20(b)(ii)(B) of NDPS Act, 1985, subject to the following conditions:
The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioner shall not involve in similar offences in future.