MUJEEB MEHBOOB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, said to be A-4, seeks bail in respect of the offence alleged under Section 20(ii) of Narcotic Drugs and Psychotropic Substances Act, 1985. The case of the prosecution in short is that, the Investigating Officer in question conducted a raid on Room No. 27 of Super Lodge, near Pradeep Theatre, Bangalore on 24-5-2011 at 11.10 a.m. and seized 1 Kg 195 gms of charas at the instance of A-4 i.e., the petitioner herein and from other accused 6 Kgs of charas were seized. The charge-sheet was submitted after completion of the investigation and the petitioner's request for bail was turned down by the Trial Court.

(2.) Learned Counsel for the petitioner submits by pointing to the chemical analysis report, that is part of the charge-sheet material, that the prosecution is not very definite about the samples seized by it as to charas or only ganja and therefore in the face of such report and the percentage of the positive principle resin not being indicated in the report, having regard to the definition of cannabis plant in Section 2(iv) of the NDPS Act and also with regard to the notification specifying different quantity, insofar as cannabis and cannabis resin is concerned, it is only possession of more than 1 kg that would come within the commercial quantity and as far as ganja is concerned, it is possession of more than 20 kgs that would attract the commercial quantity. In the instant case, the allegation is that, from this petitioner 1 kg 195 gms. came to be seized. Since the FSL report is not very definite as to the seizure of either charas or ganja from this petitioner, the Trial Court could not have declined to grant bail.

(3.) Another submission put forward is that, even as per the statement of this petitioner, said to have been recorded during the investigation, the petitioner was not in occupation of the room number in question, but the room was in the name of Nasir and not this petitioner and for this reason also, the Trial Court could not have refused bail to the petitioner.