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Judgment
Petitioner, who apprehends arrest in Crime No.21/2025-26/09331E/2270494 registered by respondent for the offences punishable under Sections 20(i), 20(a), 25, 60 and 8(b) of the NDPS Act, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.
Heard the learned counsel for the parties.
FIR in Crime No.21/2025-26/09331E/2270494 was registered by Inspector of Excise, Mysuru, for the aforesaid offences against unknown persons. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.1562/2026 before the jurisdictional Sessions Court, which was rejected on 29.09.2026. Therefore, he is before this Court.
A reading of the first information would go to show that from the backyard of Mutt known as Sri Guru Malleshwara Dasoha Mutt within the jurisdiction of Excise Inspector, Nanjanagudu Range, Mysuru, 9 wet ganja plants were recovered and seized under a panchanama, which totally weighed 34 kgs 02 grams. Apprehending arrest in the case, petitioner, who is a priest in the said Mutt had approached the jurisdictional Sessions Court seeking anticipatory bail.
According to learned counsel for the petitioner, ganja plants are grown naturally and the same are not planted. Petitioner has no other criminal antecedents. The seized contraband articles are wet ganja plants and therefore, the question that arises for consideration is that whether the said contraband article can be considered as ganja within the meaning of Section 2(iii)(b) of the NDPS Act, 1985, which reads as follows:-
“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; and"
In view of the aforesaid, the rigour under Section 37(1)(b) of the NDPS Act, 1985, cannot be made applicable to the present case. Undisputedly, petitioner has no other criminal antecedents. Under the circumstances, the following order:-
The criminal petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.21/2025-26/09331E/2270494 registered by respondent for the offences punishable under Sections 20(i), 20(a), 25, 60 and 8(b) of the NDPS Act, subject to the following conditions:
The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-with two sureties for the likesum to the satisfaction of the investigating officer.
Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon.
The petitioner shall not involve in similar offences in future.
In view of the disposal of the main petition, pending interlocutory application if any, does not survive for consideration. Hence, the same is disposed off.