(Prayer: This Criminal Petition is filed u/S 439 of Cr.PC (filed u/S 483 BNNS) praying to enlarge the petitioner on bail in Cr.No.180/2025 of Rampura P.S., pending in the file of the Prl.District and Sessions Judge At Chamarajanagara, for the offences u/S. 20(A)(I) of the NDPS, 1985, by accepting surety or on any conditions that this Hon'ble Court.)

Oral Order

1. The petitioner, who is accused in Crime No.180/2025 registered at Rampura Police Station for the offence punishable under Section 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act' for short), is before this Court seeking grant of bail. The charge sheet has been filed. The accused - petitioner has been in custody since 11.12.2025.

2. The allegation is that upon the secret information that was reduced into writing by the respondent - Police on 11.12.2025, regarding the petitioner/accused illegally growing ganja plants on his land amidst jowar plantation between teakwood trees, the respondent - Police allegedly conducted the raid and search and seized 20 ganja plants, measuring 4-6 feet in height, with flowers, seeds, branches and leaves, totally weighing 10kgs and 500grams.

3. The learned counsel appearing for the petitioner submits that the seized contraband substance does not meet the definition of ganja as provided under Section 2(iii)(b) of the NDPS Act. That there is a clear violation of the procedure as to contraband. The petitioner/accused has been imprisoned for five months.

4. The learned counsel appearing for the petitioner further draws attention of this Court to the mahazar report produced at page No.27, particularly unnumbered paragraph No.4 of page No.28 of the mahazar report to submit that the seized alleged contraband substance do not meet the qualification of definition provided under the Act. Hence, seeks for release on bail.

5. The learned High Court Government Pleader on the other hand submits that the seizure mahazar was drawn on the spot in the presence of the panchas, where 20 plants of ganja was found being grown on the land belonging to the petitioner, totally weighing 10kgs 500grams valuing at Rs.5,25,000/-. Thus, seeks rejection of petition.

6. Heard the learned counsel for parties and perused the records.

7. Section 2(iii)(b) of the NDPS Act defines "Ganja" as under:

          "(b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated;"

8. Mahazar report at page No.28 of the petition indicates the seized material to be as under:





9. The substance recovered by the respondent- Police includes roots, stem, branches, leaves, all put together weighing 10kgs. Though on a enquiry, the learned High Court Government Pleader submits that the report has been obtained, which also indicate the substance to be weighing 10kgs and 500 grams. If the report is taken into consideration the roots, stems and the branches to come to the conclusion the weight of the substance the same would not evince the credibility. The same runs contrary to the definition of "Ganja" noted hereinabove. The petitioner at this juncture has made out a prima facie case of his innocence being entitled to be released on bail.

Accordingly, the following:

ORDER

          (i) Criminal Petition is allowed.

          (ii) The accused/petitioner is directed to be enlarged on bail in Crime No.180/2025 for the offence punishable under Section 20(a)(i) of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:

          a) the accused/petitioner shall execute personal bond for a sum of Rs.2,00,000/- with two local sureties for the likesum, to the satisfaction of the jurisdictional Court;

          b) The accused/petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

          c) The accused/petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

          d) The accused/petitioner shall not involve in similar offences in future;

          e) The accused/petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

Communicate copy of this order to the Trial Court and concerned prison authorities forthwith.