MADHURAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 under Sec. 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.120/2025 of Ramapura Police Station registered for offences punishable under Ss. 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State.

(3.) Learned counsel for petitioner would contend that, the total quantity of contraband seized is 1.840 kgs. While weighing the said contraband, it is weighed including the plastic cover. The said contraband is stated to contain flower, fruiting tops and seeds. The ganja defined under NDPS Act in Sec. 2(iii)(b) and as per that, only the flowering of fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanies by the tops) is ganja. In the case on hand, the weight of the seeds have also been taken into consideration. Considering the same, the seized contraband may comes to small quantity. The petitioner is in judicial custody since last six (6) months. The petitioner is a coolie and farmer. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition.