Gurupad Hukkeri vs State Of Karnataka

Heard learned counsel for petitioner and learned HCGP for respondent–State.

This criminal petition is filed by the petitioner/accused under Section 439 of Cr.P.C. (Section 483 of BNSS) seeking regular bail in connection with crime No.284/2026 of Chikkodi Police Station, registered for the offences punishable under Section 20(a)(i) of Narcotic Drugs and Psychotropic Substances Act, 1985, pending on the file of the Principal Civil Judge and JMFC, Court, Chikkodi, Belagavi District.

The case of the prosecution in a nutshell is that:

On 14.08.2026 at 06:30 a.m., the defacto complainant was on petrolling duty, he received a credible information that, the petitioner being an agriculturist has grown contraband called Ganja in his land. Upon receiving the said information, he visited the land of the petitioner along with his sub-staff and panchas and observed that the petitioner was cultivating a plant resembling Ganja. The said Ganja plant was seized under seizure pancharama and thereafter the de facto complainant lodged the complaint. The case was registered and during the course of investigation, the petitioner was arrested and remanded to custody. The police after investigation have filed the charge sheet against the petitioner. Hence, this petition.

Learned counsel for the petitioner contended that the material seized in the present case consists of ganja, which includes seeds, leaves, stems, roots, and stalks of cannabis plants, and it cannot be treated as ganja for the purpose of determining the quantity of the contraband. Learned counsel further submits that the charge sheet has already been filed and the investigation is completed. The petitioner is aged about 78 years and the custodial interrogation of the petitioner is no longer required. On these grounds, learned counsel for the petitioner prays to grant bail in favour of the petitioner.

Per contra, learned HCGP for respondent–State contended that, what has been seized from the possession of accused is a ganja plant, and therefore, the petitioner is not entitled for bail, as the punishment prescribed for the same is rigorous imprisonment for not less than 10 years, extending up to 20 years and fine. It is further contended that if the petitioner is granted bail, he may indulge in similar offences and also threaten the prosecution witnesses and flee from justice. Hence, learned HCGP prayed to reject the petition.

Having regard to the submissions made by learned counsel for the petitioner and learned HCGP, this Court has gone through the charge sheet material. The de-facto complainant conducted a raid at the land of the accused, where the alleged ganja plant found in the said land. During the raid total 5 kg 400 grams of ganja was seized, which includes seeds, leaves, stems, branches, and roots along with flowering and fruiting tops. Admittedly, the Investigating Officer has not separated the flowering and leaves nor the flowering and leaves separately weighed. Section 2(iii)(b) defines ganja as only flowering or fruiting tops of the cannabis plant, excluding seeds and leaves when not accompanied by the tops, by whatever name they may be known or described. Therefore, the de-facto complainant ought to have separated the flowering and fruiting tops of the cannabis plant in order to bring the same under the definition of ganja punishable under the NDPS Act, which has not been done in the present case. In case the flowering and fruiting tops were separated and weighed, the quantity would have been different and it would have been less than commercial quantity. Even accepting the submission of learned HCGP that the alleged offence is punishable with rigorous imprisonment not less than 10 years and fine up to Rs.1,00,000/-, however, considering the fact that the petitioner is a permanent resident of Kabbur village of Hukkeri Taluk, having permanent abode in his locality, this Court is of the considered opinion that the petitioner is entitled to grant of bail.

Accordingly, the Court proceeds to pass the following:-

Criminal petition is allowed. The petitioner/accused is ordered to be released on bail in connection with crime No.284/2026 of Chikkodi Police Station, registered for the offences punishable under Section 20(a)(i) of of Narcotic Drugs and Psychotropic Substances Act, 1985, pending on the file of the Principal Civil Judge and JMFC, Court, Chikkodi, Belagavi District, subject to the following conditions:-