IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.28 OF 2019 BETWEEN:
Sri.Laxmana, S/o. Chowdanaika, Aged about 48 years, Working as Agriculturist, Resident of Dobylu, Bellur Village and Post, Hosanagara Taluk, Shimogga District-577 018. ...Petitioner (By Sri.Ganapathi, Advocate) AND:
State by Excise Inspector, Thirthahalli Sub-Division, Thirthahalli-577 432, Shimogga District, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Smt. Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed under Section 438 of the Code of the Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Crime No.24/2018-19/29041E/290411 of Excise Inspector, Thirthahalli Sub Division, Thirthahalli for the offence p/u/S 20(a), 25, 8(b) of N.D.P.S. Act 1985.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused under Section 438 of Cr.P.C., praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.24/2018- 19/2904IE/290411 registered by the Excise Inspector, Thirthahalli, Thirthahalli Sub-Division for the offences punishable under Sections 20 (a), 25, 8 (b) of Narcotic Drugs and Psychotropic Substance Act, 1985.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on credible information, the Excise Inspector, Thirthahalli on 10.12.2018 at about 5.45 p.m., along with panch witnesses, went in search of the land belonging to the petitioner and they found 13 cannabis plants about 4 to 5 feet height and the same was seized by drawing the mahazar and a case has been registered.
4. It is the submission of the learned counsel for petitioner that the petitioner is innocent and he is not involved in any crime. It is further submitted that the said land does not belong to the petitioner and it is a Government land, only because the said land is by the side of the house of accused petitioner, he has been falsely implicated in this case. Further it is submitted that the entire cannabis plants have been weighed at 3.5 kilogram and have not been separated from seeds, flower, roots and buds to attract the definite ‘Ganja’. It is further submitted that the petitioner is ready to abide by any conditions that may be imposed on them by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that still the investigation is in progress and the accused petitioner is absconding since from the date of registration of the case and 13 cannabis plants have been uprooted and seized wherein, the accused petitioner has cultivated the ganja plant in the said land. The neighbours are also witness to the alleged incident. There is prima- facie material as against the accused petitioner to show that he has grown cannabis./ganja plants. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by both the learned counsel and perused the records.
7. The content of the complaint and the other materials reveals that when the Excise Inspector visited the said land along with panch witnesses, they found 13 cannabis plants, which were about 4 to 5 feet height and they uprooted and seized the said plants. In the complaint and mahazar, it has not been specifically stated whether the seeds and flowers have been separated and weighed as contemplated under the law? under the said circumstances, if it is separated, it will be less than the commercial quantity. Whether the accused has cultivated the said cannabis plant in the land or not?, Whether the said land belongs to the petitioner or not? And he was in possession or not? is a matter which has to be considered and appreciated only at the time of trial. At this pre-mature stage, it is not just and necessary to go in depth with regard to the said aspects. Under such circumstances, by imposing some stringent conditions, if the accused petitioner is enlarged on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioner/accused is enlarged on anticipatory bail in the event of his arrest in Crime No.24/2018- 19/2904IE/290411 registered by the Excise Inspector, Thirthahalli, Thirthahalli Sub-Division for the offences punishable under Sections 20 (a), 25, 8 (b) of Narcotic Drugs and Psychotropic Substance Act, 1985 subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on being executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner.
4. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the concerned police station till the trial is concluded.
Sd/- JUDGE VBS