SALMA BHANU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner-accused No.1 under Section 439 of Cr.P.C to release her on bail in Crime No.1/2019 of E and N Crime Police Station, Mysuru City, Mysore CCB for the offence punishable under Section 20(C), 20(b)(i) of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) The gist of the complaint reads as under:- On 05.01.2019 at about 3:30 p.m., the complainant received credible information that in the house of the petitioner there is storage of ganja. Immediately, along with his staff, woman PSI, gazetted officers and panchas, went and searched the said house. As per the search warrant, they found totally 3 kg 637 grams of ganja in different packets, the same were seized and suo moto case was registered against the petitioner.

(3.) It is the submission of the learned counsel for the petitioner that the petitioner is a woman and innocent, she is not involved in the said alleged offence. He further submitted that the petitioner is not the owner of the said house and she was not in possession of the said house. The ganja which has been seized includes the leaves and other aspects. The said leaves have not been separated and weighed in accordance with law. The ganja which is said to have been seized is less than the commercial quantity and the provisions of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for brevity) are not attracted. The learned counsel for the petitioner submits that the petitioner is ready to abide by the terms and conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and release the petitioner-accused on bail.