- 1 - HC-KAR CNR: KAHC010562972026 NC: 2026:KHC:48173 CRL.P No. 12343 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12343 OF 2026 BETWEEN: CHANDRA PRAKASH S/O LATE HANUMAPPA AGED ABOUT 35 YEARS R/O HODHALAVADI VILLAGE ARAHALLI (HOBLI) KOLAR (TQ) & DISTRICT KOLAR - 563 102. …PETITIONER (BY SRI VEERANNA G. TIGADI, ADV.) AND: THE STATE OF KARNATAKA REP BY INSPECTOR OF EXCISE RANGE, KOLAR, DISTRICT KOLAR REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE PETITION BY GRANTING HIM BAIL IN KOLAR RANGE EXCISE CRIME NO.171/2025-26 FOR THE OFFENCES P/U/S 8(a), 20(b) OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 PENDING ON THE FILED OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010562972026 NC: 2026:KHC:48173 CRL.P No. 12343 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.171/2025-26/0429IE/2668758 registered by Excise Police, Kolar Range, Kolar, for the offences punishable under Sections 20(a) and 8(b) of the NDPS Act, 1985, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.171/2025-26/0429IE/2668758 was registered by Excise Police, Kolar Range, Kolar, against the petitioner herein for the aforesaid offences based on the first information received from Ravindra, Excise Inspector, Kolar. In the said case, petitioner was arrested on 23.06.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crime No.171/2025 was rejected on 14.07.2026. Therefore, he is before this Court. 4. Material on record would go to show that based on credible information received, a raid was conducted to the property belonging to the petitioner and from the said property, - 3 - HC-KAR CNR: KAHC010562972026 NC: 2026:KHC:48173 CRL.P No. 12343 of 2026 22 wet ganja plants, totally weighing 4 kgs 500 grams was recovered and seized under a panchanama. Section 2(iii)(b) of the NDPS Act, 1985, defines "ganja". The same reads as follows:- "2(iii)(b) ganja, that is, the flowering of 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; and" 5. Therefore, a serious doubt arises whether the seized contraband article can be considered as ganja within the meaning of Section 2(iii)(b) of the NDPS Act, 1985. 6. Be that as it may, the seized contraband article totally weighing 4 kgs 500 grams, has to be considered as intermediate quantity under the relevant Notification issued under the provisions of the NDPS Act, 1985. It is not in dispute that petitioner has no other criminal antecedents. He is in custody for the last more than two months. Since the contraband article is of intermediate quantity, the rigour under Section 37(1)(b) of the NDPS Act, 1985, cannot be made - 4 - HC-KAR CNR: KAHC010562972026 NC: 2026:KHC:48173 CRL.P No. 12343 of 2026 applicable to the case on hand. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.171/2025-26/0429IE/2668758 registered by Excise Police, Kolar Range, Kolar, for the offences punishable under Sections 20(a) and 8(b) of the NDPS Act, 1985subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The 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 petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; - 5 - HC-KAR CNR: KAHC010562972026 NC: 2026:KHC:48173 CRL.P No. 12343 of 2026 e) The 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. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 53