Case Title – Abdul Bashir Vs. State of Karnataka
Case Number – CRL.P. No. 4147/2024
Dated on – 16th May, 2024
Quorum – Justice H.P. Sandesh
FACTS OF THE CASE
In the case of Abdul Bashir Vs. State of Karnataka, the Appellant, Abdul Bashir, a 34-year-old resident of Gullanpete Village, Aldur Hobli, Chikkamangaluru, Karnataka. On credible information, the Aldur Police found the Appellant watering 12 Ganja (cannabis) plants. The Police seized 80 grams of Ganja leaves and apprehended the Appellant, who initially refused to accompany them. The Appellant was charged under Section 20(a)(i) of the Narcotic and Psychotropic Substances Act, 1985 for cultivating Ganja plants.
ISSUES
Whether the Appellant should be granted bail under Section 439 of the Code of Criminal Procedure, 1973 for the alleged offence under Section 20(a)(i) of the Narcotic and Psychotropic Substances Act, 1985?
Whether the small quantity of Ganja leaves seized from the Appellant can justify the continued detention of the Appellant?
Whether the State has sufficient evidence to support its allegations against the Appellant and whether there is any indication of a motive to falsely implicate him?
LEGAL PROVISIONS
Section 20(a)(i) of the Narcotics Drugs and Psychotropic Act, 1985 prescribes the Punishment for production, manufacture, sale, purchase, import and inter-state export of cannabis
Section 439 of the Code of Criminal Procedure, 1973 prescribes the Special Powers of the High Court or Court of Session regarding bail
CONTENTIONS OF THE APPELLANT
The Appellant, through their counsel, in the said case contented that only 18 grams of Ganja leaves were seized, which is a small quantity?
The Appellant asserted that the property where the Ganja plants were found did not belong to him and that the police falsely implicated him by planting the Ganja plants and taking photographs to fabricate evidence.
The Appellant had no prior criminal records, bolstering his claim for bail.
CONTENTIONS OF THE RESPONDENT
The Respondent, through their counsel, in the said case contented that 12 Ganja plants were indeed found and there was no motive to falsely implicate the Appellant.
It was contended that the Appellant was not only cultivating but also consuming Ganja, justifying his detention
COURT ANALYSIS AND JUDGMENT
The court in the case of Abdul Bashir Vs. State of Karnataka, observed that the small quantity of seized Ganja leaves (18 grams) and recognized the distinction between this and the larger quantities in terms of severity. Despite the cultivation of 12 Ganja plants, the court considered the smaller quantity of Ganja leaves seized. The court decided of grant bail, emphasizing the smaller quantity involved and the lack of significant evidence of criminal intent beyond cultivation. However, to safeguard the interest of the prosecution, specific conditions were imposed on the Appellant. The court allowed the bail petition under the conditions that the Appellant must execute a personal bond of INR 2,00,000/- with two sureties of the same amount to the satisfaction of the jurisdictional court, that the Appellant shall not tamper with the witness of the prosecution and that the Appellant must appear before the jurisdictional court on all future hearing dates exempted by the court for a genuine cause.
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Judgement Reviewed by – Sruti Sikha Maharana
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