FIROZ @ BAMBAY FIROZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Government Pleader.

(2.) On a complaint by the Inspector of Police when he was on beat duty along with his staff and that when they were near Shankarapura public toilet, Chickmagalur at about 12.10 P.M. they noticed that the present petitioner was standing in front of his house and he was seen selling Ganja or Cannabis to the general public. This petitioner had been informed by a credible source and therefore they were able to immediately discern this fact that the petitioner was indeed selling the ganja and the accused tried to run away on seeing the complainant and his men, but he was caught hold of and on being questioned, he is said to have revealed that he was carrying small plastic sachets containing ganja in 10 bundles and had also revealed that he had purchased the same from one Saleem Alias Minthi Saleem and Asif of Pmpanagar, Chickmagalur and it is on the basis of these allegations that a case has been registered against him for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Though the petitioner had approached the court below and had contended that the seized articles did not include flowering and fruiting tops of the cannabis plant which alone can be termed as ganja or cannabis. The same has been negated by the court below in denying bail to the petitioner on the ground that the punishment attracted for the offence is of a serious nature and hence the petitioner was not entitled to bail.

(3.) Given the circumstance that the complaint itself indicates that what was seized was leaves of the cannabis plant and not the fruiting and flowering tops of the cannabis plant it would necessarily require the prosecution to establish its case at the trial and consequently the petitioner has made out a case for enlargement on bail.