- 1 - HC-KAR CNR: KAHC010598552026 NC: 2026:KHC:51452 CRL.P No. 13359 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13359 OF 2026 BETWEEN: SRI. MADESHA NAIK S/O. LATE SRI. DORESWAMY NAIK, AGED ABOUT 43 YEARS, R/OF VEERAIAHNAPURA VILLGE, MUKHANAPALYA POST, CHANDAKAVADI HOBLI, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA DISTRICT. …PETITIONER (BY SRI. ABHINAV ANAND K, ADVOCATE) AND: THE STATE OF KARNATAKA BY EXCISE SUB-INSPECTOR, CHAMARAJANAGARA SUB-DIVISION, CHAMARAJANAGARA, REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT HIM REGULAR BAIL IN CRIME NO. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010598552026 NC: 2026:KHC:51452 CRL.P No. 13359 of 2026 06/2026 UNDER SECTIONS 20(i), 20(a), 20(b), 25, 27(b), 60, 8(b) AND 8(c) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 OF THE CHAMARAJANAGARA EXCISE P.S. ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA BY ALLOWING THIS PETITION AND FURTHER BE PLEASED TO DIRECT THE LR.D PRL. DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA TO RELEASE THE PETITIONER ON BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.6/2026-27 registered by the Inspector of Excise, Chamarajanagar Sub-division, Chamarajanagar, for the offences punishable under Sections 20(i), 20(a), 20(b), 25, 27(b), 60, 8(b) and 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act, 1985' for short), is before this Court in this petition filed under Section 483 of BNSS 2023, seeking regular bail. - 3 - HC-KAR CNR: KAHC010598552026 NC: 2026:KHC:51452 CRL.P No. 13359 of 2026 2. Heard the learned counsel for the parties. 3. FIR in Crime No.6/2026-27 was registered by the Inspector of Excise, Chamarajanagar Sub-division, Chamarajanagar for the aforesaid offences. In the said case, the petitioner was arrested on 03.08.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crime No.6/2026-27 was rejected. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that based on the credible information received, the property belonging to the petitioner was raided by the Inspector of Excise and five ganja plants totally weighing 6 kgs., 180 gms., was recovered and seized under a Panchanama. The contraband article allegedly ganja seized in the present case includes the root, stem, leaves, etc., of the wet plant. Section 2(iii)(b) of the NDPS Act, 1985, defines the word “ganja”. The same reads as under: - 4 - HC-KAR CNR: KAHC010598552026 NC: 2026:KHC:51452 CRL.P No. 13359 of 2026 “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. Considering the contraband article seized in the present case, a doubt arises as to whether the same could be considered as ganja within the meaning of Section 2(iii)(b) of the NDPS Act, 1985. Even otherwise, the wet ganja plants seized in the present case totally weighed 6 kgs., 180 gms., which is required to be considered as intermediate quantity under the relevant notification issued under the provisions of the NDPS Act, 1985. The petitioner is an agriculturist having no other criminal antecedents. Major portion of the investigation is already completed. 6. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: - 5 - HC-KAR CNR: KAHC010598552026 NC: 2026:KHC:51452 CRL.P No. 13359 of 2026 O R D E R i) The Criminal Petition is allowed. ii) The petitioner is directed to be enlarged on bail in Crime No.6/2026-27 registered by the Inspector of Excise, Chamarajanagar Sub-division, Chamarajanagar, for the offences punishable under Sections 20(i), 20(a), 20(b), 25, 27(b), 60, 8(b) and 8(c) of NDPS Act, 1985, subject to the following conditions: a) The petitioner shall execute 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; - 6 - HC-KAR CNR: KAHC010598552026 NC: 2026:KHC:51452 CRL.P No. 13359 of 2026 d) The petitioner shall not involve in similar offences in future; 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 SHS List No.: 1 Sl No.: 33