IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRIMINAL PETITION NO.7666/2019 Between 1. Valya Naik S/o Sevya Naik, Aged about 47 years, Agriculturist, Hosa Joga Village, Honnali Taluk, Davanagere – 577225.
2. Nagaraj Naik S/o Govinda Naik, Aged about 30 years, Agriculturist, Hosa Joga Village, Honnali Taluk, Davanagere – 577225.
(By Sri.Balu Mahendra Y.H., Advocate) And State of Karnataka BY Excise Inspector, Davanagere Sub-Division, Honnali Range, Davanagere District – 577225, Represented by the State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
(By Sri.Honnappa, HCGP) ... Petitioners ... Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.21/2019-20/1607IE/160707 of Honnali Excise Range, Davanagere Sub Division for the offence punishable under Sections 8(B) and 20 of NDPS Act and etc.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard learned counsel for the petitioners and learned HCGP for the respondent – State. Perused the records.
2. The petitioners are arraigned as accused Nos.1 and 2 in Crime No.21/2019-20/1607IE/160707 of Honnali Excise Range, Davanagere Sub Division for the offence punishable under Sections 8(B) and 20 of NDPS Act.
3. The brief facts of the case are that;
On 09.10.2019, on receiving the credible information, the Excise Assistant Commissioner and other Excise Officers had been to Gundi Chatnahalli Village within the limits of Chinnikatte Panchayath, Joga Village to Sy. No.38 wherein the accused – Valya Naik i.e., petitioner No.1 with the help of petitioner No.2 has grown the ginger crop in the said land. In between the ginger crop, they also grown totally six ganja plants. In the presence of the panch witnesses, those ganja plants were seized alleged to be in the land of the petitioners.
4. Learned counsel for petitioners drawn my attention to the mahazar wherein the survey number shown as Sy. Nos.381 and 123. It is also submitted that they do not know whether the ganja plants were grown in their land by natural vegetation. Therefore, under the above said circumstances, though the said ganja plants were grown in Sy. No.38, whether it was due to natural vegetation or intentionally for wrongful gain the petitioners have grown these ganja plants, has to be established during the course of the full dressed trial. The rigor of Section 37 is not applicable because the ganja plants even including the root, stems, leaves and flowers etc., weighed about 5.7 kilograms to 10.41 kilograms, which falls lesser than the commercial quantity. Therefore, the rigor of Section 37 of NDPS Act would not be applicable. Hence, under the above said reasons, the petitioners are entitled to be enlarged on bail by imposing certain stringent conditions. Hence, the following;
ORDER The Criminal Petition is allowed.
The petitioners shall be released on bail in the event of their arrest in connection with Crime No.21/2019-20/1607IE/160707 of Honnali Excise Range, Davanagere Sub Division on the file of I Additional District and Sessions Judge, Davanagere for the alleged offence subject to the following conditions :-
i. The petitioners shall surrender themselves before the jurisdictional Court within Ten days from the date of receipt of a certified copy of this order and shall execute their personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii. The petitioners shall not indulge in hampering in investigation or tampering the prosecution witnesses.
iii. The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv. The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
v. The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 p.m., before the Investigating Officer for a period of two months or till the filing of charge sheet whichever is higher.
Sd/- JUDGE NBM