Gurushantappa Somappa Baliger vs The State Of Karnataka on 19 February, 2024

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Karnataka High Court

Gurushantappa Somappa Baliger vs The State Of Karnataka on 19 February, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

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                                                           NC: 2024:KHC-D:3858
                                                           CRL.P No. 100372 of 2024




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                                 BEFORE

                             THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                                CRIMINAL PETITION NO. 100372 OF 2024

                      BETWEEN:
                      GURUSHANTAPPA SOMAPPA BALIGER,
                      AGE: 55 YEARS, OCC: AGRICULTURE,
                      R/O. SHELAVADI, TQ. ANNIGERI,
                      DIST. DHARWAD.
                                                                         ...PETITIONER
                      (BY SRI AVINASH MALIPATIL, ADVOCATE)

                      AND:
                      THE STATE OF KARNATAKA,
                      REPRESENTED BY PSI,
                      CEN POLICE STATION,
                      DHARWAD
                      THOUGH STATE PUBLIC PROSECUTOR,
                      HIGH COURT OF KARNATAKA,
                      DHARWAD BENCH,
                      DHARWAD-580011.
ANNAPURNA                                                              ...RESPONDENT
CHINNAPPA
DANDAGAL              (BY SMT. GIRIJA S. HIREMATH, HCGP)
Digitally signed by
ANNAPURNA
CHINNAPPA DANDAGAL          THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
Date: 2024.02.20
10:51:03 +0530
                      SEEKING TO QUASH THE IMPUGNED ORDER DATED 01.02.2024
                      PASSED BY THE DISTRICT AND SESSIONS JUDGE DHARWAD IN
                      DHARWAD AND RELEASE THE PETITIONER ACCUSED ON REGULAR
                      BAIL IN DHARWAD CEN P.S. CR.NO.41/2023 FOR THE OFFENCES
                      PUNISHABLE UNDER SECTION 20 (a) OF NDPS ACT.

                          THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
                      COURT MADE THE FOLLOWING:

                                                  ORDER

1. Accused in Crime No.41/2023 registered by Dharwad

CEN Police Station, Dharwad District, for the offence punishable
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NC: 2024:KHC-D:3858
CRL.P No. 100372 of 2024

under Section 20(a) of the Narcotic Drugs & Psychotropic

Substances Act, 1985 (for short, ‘NDPS Act’), is before this

Court under Section 439 Cr.PC.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.41/2023 was registered by Dharwad CEN

Police Station against the petitioner herein for the aforesaid

offence on the report of Lakshmi S.Deginal, Police Sub-

Inspector attached to CEN Police Station, Dharwad. In the

report dated 26.12.2023, it is averred that on credible

information that petitioner had grown ganja plants in his

property bearing Sy. No.456/1 situated at Shelwadi village of

Annigeri Taluk, the first informant had conducted a raid on the

said property along with the staff and panchas and had seized

seven ganja plants which totally weighed 2,432 grams.

Petitioner who was found in the property was arrested and

produced before the Court and remanded to judicial custody.

Bail application filed by him before the Court of Prl. District &

Sessions Judge, Dharwad, in Crime No.41/2023 was rejected

on 01.02.2024. Therefore, he is before this Court.

4. Learned Counsel for the petitioner having reiterated the

grounds urged in the petition, prays to allow the petition.
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NC: 2024:KHC-D:3858
CRL.P No. 100372 of 2024

5. Per contra, learned HCGP has opposed the petition.

6. In the complaint dated 26.12.2023, it is averred that on

receipt of credible information, the first informant had

conducted the raid on the agricultural property of the petitioner

and had seized seven ganja plants which totally weighed 2,432

grams. From a reading of the complaint, it is found that the

contraband article included the stem, root and other parts of

the ganja plants, and therefore, it becomes doubtful whether

the contraband article seized would come within the meaning of

“ganja” under Section 2(iii)(b) of the NDPS Act. Petitioner has

no criminal antecedents and is an agriculturist by avocation. He

is in custody from 26.12.2023 onwards. Even if the weight of

the contraband article seized in the present case is taken into

consideration as mentioned in the complaint, the seized

contraband article is only of intermediate quantity. The rigor

under Section 37(1)(b) of the NDPS Act would not be applicable

to the present case. Under the circumstances, I am of the

opinion that the prayer made by the petitioner is required be

answered affirmatively. Accordingly, the following order:

7. Petition is allowed. The petitioner is directed to be

enlarged on bail in Crime No.41/2023 registered by Dharwad
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NC: 2024:KHC-D:3858
CRL.P No. 100372 of 2024

CEN Police Station, Dharwad District, for the offence punishable

under Section 20(a) of the Narcotic Drugs & Psychotropic

Substances Act, 1985, subject to the following conditions:

i. The petitioner shall execute personal bond for a sum
of Rs.1,00,000/- with 2 sureties for the likesum to the
satisfaction of the jurisdictional Court;

ii. 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;

iii. The petitioner shall not directly or indirectly threaten
or tamper with the prosecution witnesses;

iv. 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/-

JUDGE

KK
CT:GSM
List No.: 1 Sl No.: 22

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