VIDUPANAKALLU GALEPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent State.

(2.) This petition is filed under sec. 439 of the Code of Criminal Procedure, 1973, seeking to enlarge the petitioner, who is arraigned as accused no. 1, on bail in Crime No. 355/2021 of Rural Police Station, Ballari, registered for the offences punishable under Sec. 20 and (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short).

(3.) It is the allegation of prosecution that this accused being the owner of land in Sy. No. 197/A, situated at Kammarachedu village, is said to have grown cannabis plants in his land illegally between cotton crop. After getting information, the Investigating Officer along with panchas visited the land and found that in between cotton crop about 220 wet ganja plants were grown which were weighing 121.75 kilograms which include roots, trunk, leaves and flowers. Its approximate value is Rs.2,43,500.00. The same was seized in the presence of panchas along with mud for sample and the accused was arrested. On the basis of the same, the said crime number was registered against accused nos. 1 and 2. The accused was produced before the Court who filed an application under sec. 439 of Cr.P.C. before the Court of Prl. District and Sessions and Special Judge, Ballari, which came to be rejected by order dtd. 11/1/2022. Aggrieved by the same, the present petition is filed.