VITHAL Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner/sole accused under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.15/2016-17 of Excise Police Station, Basavakalyan, registered for the offences punishable under Sections 20 and 25 of Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act' for short).

(2.) The factual matrix of the case are that, the Joint Commissioner of Excise (Cell and Investigation) Kalaburagi received a credible information that in the land Sy. No.27 of Chitkotta-K village of Basavakalyan Taluk, the petitioner has cultivated ganja crops. Accordingly, he collected the panch witnesses and excise staff of Basavakalyan and went to the said spot; there he noticed that 60 plants of ganja have been cultivated in the said land; immediately they were uprooted and have been weighed and there they noticed that it was weighing 40 k.gs. Immediately, the said articles have been seized and a case has been registered against the accused persons.

(3.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.