- 1 - HC-KAR NC: 2026:KHC:24725 CRL.P No. 1118 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 1118 OF 2026 BETWEEN: NAGARAJU S/O SIDDUNAIKA, AGED ABOUT 45 YEARS, LAMBANI CASTE, OCCUPATION AGRICULTURIST, R/O DOMMANAGADDE VILLAGE, HANNUR TALUKU, CHAMARAJANAGAR DISTRICT …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY RAMPURA POLICE STATION, CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA, REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24725 CRL.P No. 1118 of 2026 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. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 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 - 3 - HC-KAR NC: 2026:KHC:24725 CRL.P No. 1118 of 2026 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. - 4 - HC-KAR NC: 2026:KHC:24725 CRL.P No. 1118 of 2026 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: "£ÀAvÀgÀ UÁAeÁ VqÀUÀ¼À£ÀÄß JtÂPÉ ªÀiÁr £ÉÆÃqÀ¯ÁV MmÁÖgÉ 20 UÁAeÁ VqÀUÀ½zÀÄÝ, EªÀÅUÀ¼À£ÀÄß ¨ÉÃgÀÄ, PÁAqÀ, ºÀÆ-UÉÆAqÉ-©Ãd «Ä²ævÀªÁzÀ ¸ÉƦà£À ¸ÀªÉÄÃvÀ 1 ºÉÆgÉ ªÀiÁr, ¸ÀܼÀPÉÌ vÉUÉzÀÄPÉÆAqÀÄ ºÉÆÃVzÀÝ J¯ÉPÁÖç¤Pï ¸ÉÌÃ¯ï ¤AzÀ vÀÆPÀ ªÀiÁr £ÉÆÃqÀ¯ÁV 10 PÉ.f 500 UÁæA vÀÆPÀ EgÀÄvÀÛzÉ. - 5 - HC-KAR NC: 2026:KHC:24725 CRL.P No. 1118 of 2026 ¸ÀzÀj UÁAeÁ VqÀUÀ¼À CAzÁdÄ ¨É¯É ¸ÀĪÀiÁgÀÄ 5,25,00/- gÀÆUÀ¼ÀÄ DUÀ§ºÀÄzÉAzÀÄ ¥ÀAZÀgÀÄUÀ¼ÀÄ C©ü¥Áæ¬Ä¹gÀÄvÁÛgÉ." 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 - 6 - HC-KAR NC: 2026:KHC:24725 CRL.P No. 1118 of 2026 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. - 7 - HC-KAR NC: 2026:KHC:24725 CRL.P No. 1118 of 2026 Communicate copy of this order to the Trial Court and concerned prison authorities forthwith. Sd/- (M.G.S. KAMAL) JUDGE JY List No.: 1 Sl No.: 61