Sri Janakappa @ Jagadeesh vs State

This petition is filed by the petitioner/accused under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release

the petitioner on bail in the event of his arrest for the offences punishable under Sections 8(c), 20(a) and 20(b)(ii)(b) of NDPS Act, 1985

registered in respondent police station Crime No.230/2014.

Brief facts of the prosecution case as per the complaint averments are complainant on receipt of credible information that petitioner had grown

Ganja plants in his land, immediately secured his staff along with panch witnesses and proceeded to the said spot wherein they found 34 Ganja

plants weighing 35 kgs, which is worth Rs.35,000/- and the same were seized under seizer mahazar in the presence of panch witnesses.

Thereafter, they came to the police station along with seized material and lodged the complaint. On the basis of said complaint, case came to be

registered against the petitioner for the said offences.

Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader

appearing for the respondent-State.

I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.

Though it is the contention of the complainant that petitioner had grown Ganja plants in his land, prosecution has not mentioned the survey

number and has not placed any material to show that the said land belongs to the petitioner. Apart from that, on perusing the complaint averments,

there is no specific details mentioned by the complainant that immediately after receipt of credible information, same has been reduced into writing

in the station dairy in compliance of Section 42(1) of NDPS Act, 1985. So also, there is no specific mention that immediately thereafter he has

informed his superior officers about the same and took their permission which is required under Section 42(2) of NDPS Act, 1985 to proceed

with the matter. Complaint averments so far as quantity of the alleged Ganja is concerned, it is not only flowering or fruiting tops. Complaint

averments goes to show that the entire Ganja plants including roots, branches etc. has been weighed as per the prosecution case. The petitioner

herein denied all those allegations and contended that the alleged land does not belong to him and he had never grown any Ganja plants in the said

land. It is his contention that there is false implication and he is ready to abide by any reasonable conditions that may be imposed by this Court.

The materials are already seized by the prosecution in the presence of panch witnesses under the seizer mahazar. The alleged offences are not

exclusively punishable with death or imprisonment for life. By imposing reasonable conditions, petitioner can be granted anticipatory bail.

Accordingly, petition is allowed. The respondent- Police is directed to enlarge the present petitioner on bail in the event of his arrest for the alleged

offence punishable under sections 8(c), 20(a) and 20(b)(ii)(b) of NDPS Act, 1985 registered in respondent-police station Crime No.230/2017,

subject to the following conditions:

i. Petitioner shall execute a personal bond for Rs.1,00,000/- and has to furnish one surety for the likesum to the satisfaction of the arresting

authority.

ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioner shall make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further

investigation.

iv. The petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the

surety bond.