- 1 - NC: 2025:KHC-K:2013 CRL.P No. 200366 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200366 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: PANDURANG S/O SRIPATHI CHENNALE, AGED 38 YEARS, OCC: COOLIE, R/O. HANDIKERA HUMNABAD TALUK, DISTRICT BIDAR -585 418. …PETITIONER (BY SRI SANTOSH KUMAR B. BIRADAR, ADVOCATE) AND: THE UNION OF INDIA, NARCOTICS CONTROL BUREAU, BENGALURU ZONAL UNIT, THROUGH INSPECTOR OF AURAD PS, DIST. BIDAR – 585 326, REP BY DEPUTY SOLICITOR GENERAL OF INDIA, KALABURAGI HIGH COURT-585 103. …RESPONDENT (BY SRI SUDHIR SINGH R. VIJAYAPUR, DSGI) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD) U/SEC 483 OF BNSS, PRAYING TO, a) TO ALLOW THIS PETITION b) KINDLY BE ORDERED TO RELEASE THE PETITIONER/ACCUSED N. 2 ON BAIL, IN SPECIAL CASE (NCB) NO. 1561/2024 ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE BIDAR FOR THE OFFENCE PUNISHABLE U/SEC 8(C) R/W 20(b)(ii)(c), 25, 28 AND 29 OF THE NDPS ACT, 1985 IN CRIME NO. 48/1/10/2024/B2U AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2013 CRL.P No. 200366 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. The petitioner is arraigned as accused No.2, seeking regular bail in Special Case (NCB) No.1561/2024 on the file of Principal District and Sessions Judge, Bidar in NCB Crime No.48/1/10/2024/BZU for the offences punishable under Sections 8(C) r/w 20(b)(ii)(c), 25, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Factual matrix of the case: 2. The case of the complainant is that the respondent on receiving the credible information regarding the transportation of 1591 kgs of cannabis plant, believed to be ganja on 12.05.2024 through the truck bearing No. KA-38-5510, the said truck was intercepted at police check post, Aurad, Bidar District. The items were seized under the panchanama. They have registered a case against two persons, namely, Umesh Sopanarao and Pandurang. The seizure was made before the independent witnesses. The voluntary statements of the persons who had been apprehended were recorded on the same day. All the formalities regarding the search and seizure have - 3 - NC: 2025:KHC-K:2013 CRL.P No. 200366 of 2025 been conducted in accordance with law and also the mandatory requirement to dispose of the property in terms of Section 52(A) of NDPS Act has also been followed. Therefore, a complaint came to be registered before the competent Authority. 3. Heard Sri.Santosh Kumar.B Biradar, learned counsel for the petitioner and Sri.Sudhir Singh R.Vijayapur, learned Deputy Solicitor General of India for respondent. 4. It is the submission of learned counsel for the petitioner that the petitioner is accused No.2 seeking for regular bail before this Court, stating that he is only a cleaner of the lorry allegedly intercepted by the respondent. He was not aware about the alleged ganja in the said truck and he is innocent of the alleged offences and he has been falsely implicated in the case. 5. It is further submitted that he is a permanent resident of Handikera, Humnabad Taluk and he is aged about 38 years. He is also an earning member of the family. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. - 4 - NC: 2025:KHC-K:2013 CRL.P No. 200366 of 2025 6. Per contra, the learned Special Counsel for respondent submitted that a huge quantity of ganja has been seized in the said lorry of which the petitioner was also traveling as an employee of the said lorry. Certainly, he might have known the said items which were being transported in the said lorry. Since, it is a large quantity involved in this case, the petitioner is not entitled for any relief as prayed for. Making such submissions, he prays to reject the bail. 7. Heard the learned counsel for the respective parties. Perused the averments of the complaint and also other relevant documents. It appears from the record that, the respondent has seized the ganja in the truck of which the petitioner and another were traveling as driver and cleaner respectively. The quantity of ganja seized by the respondent is 1591 kgs. Therefore, I am of the considered opinion that it is not a case to grant bail. Accordingly, the bail petition has to be rejected. Ordered accordingly. Sd/- (S RACHAIAH) JUDGE TMP/UN List No.: 1 Sl No.: 15, CT:PK