- 1 - NC: 2025:KHC:11836 CRL.P No. 3412 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3412 OF 2025 BETWEEN: AJITH G.N S/O LATE NAGARAJ AGED ABOUT 24 YEARS R/AT KRISHNAPURA VILLAGE TARIKERE TALUK CHIKKAMAGALURU - 577 101. …PETITIONER (BY SRI GIRISH B BALADARE, ADV.) AND: THE STATE OF KARNATAKA BY CEN CRIME POLICE STATION CHIKKAMAGALURU - 577 101 REPRESENTED BY STATE PUBLIC PPROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.85/2024 THE CASE IS REGISTERED BY THE CEN CRIME POLICE STATION, CHIKKAMAGALURU, FOR THE OFFENCES P/U/S 20(b)(ii)(B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985, PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSIONS COURT SPECIAL COURT, AT CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11836 CRL.P No. 3412 of 2025 ORAL ORDER Accused in Crime No.85/2024 registered by Chikkamagaluru CEN Crime Police Station, Chikkamagaluru District for the offences punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.85/2024 was registered by Chikkamagaluru CEN Crime Police Station, Chikkamagaluru District for the aforesaid offences against the petitioner on the basis of first information dated 24.08.2024 received from Sri Raghunath S V, Police officer attached to CEN Crime Police Station, Chikkamagaluru. During the course of investigation, the petitioner was arrested on 29.01.2025. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in - 3 - NC: 2025:KHC:11836 CRL.P No. 3412 of 2025 Crime.No.85/2024 was dismissed on 22.02.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that the seized contraband article allegedly ganja totally weighed 1 kg 62 grams which is little more than small quantity. From a reading of first information it is found that the seized contraband article includes stems, flowers, seeds and leaves of the Ganja plant and therefore a doubt arises whether the seized contraband article can be strictly considered as 'Ganja' within the meaning of Section 2(iii)((b) of the NDPS Act. Undisputedly, the petitioner has no other criminal antecedents He is in custody from 29.01.2025. Major portion of the investigation is already completed. 6. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. - 4 - NC: 2025:KHC:11836 CRL.P No. 3412 of 2025 7. Accordingly, the following: ORDER The petitioners are directed to be enlarged on bail in Crime No.85/2024 registered by Chikkamagaluru CEN Crime Police Station, Chikkamagaluru District for the offences punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 5 - NC: 2025:KHC:11836 CRL.P No. 3412 of 2025 c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; SD/- (S VISHWAJITH SHETTY) JUDGE NMS