SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is arrayed as accused No.3 has come up with this petition under Sec. 439 Cr.P.C. to release him on bail in Crime No.46/2023 for the offences punishable under Sec. 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act ').

(2.) Petitioner has contended that he is innocent of the offence alleged. Even if the entire case of the prosecution is accepted at its face value, the same do not disclose that he has not committed any offence much less the offence alleged. The complaint averments disclose that the petitioner was at the spot, but he had not tried to escape. This fact itself goes to show that he was not possessing ganja as alleged. As per the panchanama, from the possession of the petitioner a sum of Rs.1,220.00 is recovered. However, no ganja was recovered from his possession. Total ganja recovered is 1105 grams, which is less than the commercial quantity. Petitioner is the only earning member of the family. He is ready to abide by any conditions that may be imposed and prays to allow the petition.

(3.) In support of his arguments, learned counsel for the petitioner has relied upon the following judgments: