1’ -1- S IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 18TH DAY OF APRIL, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRLP.NO. 10473/20U Between: Shivanand S/ o.Fakirappa Kuppannavar, Age 34 years, 0cc.: Agriculture, R/o.Mavanur, Tq. :Hukkeri, Belgaum. Petitioner (By Sri.Shriharsh A.Neelopant, Advocate) And: The State of Karnataka, Represented by Police Sub Inspector, Byadagi Police Station, Haveri, Through Special Public Prosecutor, High Court of Karnataka, Circuit Bench, Dharwad Respondent (By Sri.Vinayak kuilcarni, HCGP) This criminal petition is filed u/S.438 of Cr.P.C. seeking to enlarge the petitioner on anticipatory bail in NDPS case crime No.59/20 10 by the respondent-Byadagi Police Station, registered u/S.20(B) of NDPS Act, in the event of his arrest pending trial of the said case. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard petitioner’s counsel Sri.Shriharsh A.Neelopant and also the learned High Court Government Pleader for the respondent-State. 2. The petitioner seeks anticipatory bail, following a case registered against him and others under Section 20(B) of the NDPS Act in Crime No.59/2010 and the prosecution case in short is that, on getting information about transportation of ganja, the complainant, the PSI of Haven, stopped the Maruti Omni car bearing registration No.KA-24/5123 and found in the said vehicle 10 Kg bags which contained ganja and also the flowers, stems and seeds and on further inquiry it was revealed that the vehicle belonging to accused No.2 was given on rent of Rs.6,000/- to this petitioner and despite giving indication the vehicle did not stop and after some chase police stopped the vehicle and later a panchanama was conducted and ganja was seized, which was kept in the brown paper covers. -3- 3. Though the learned counsel for the petitioner sought for anticipatory bail, taking note of the quantity of the ganja seized, even as per the statement of the vehicle driver, it was this petitioner who was carrying the contraband and, therefore, grant of anticipatory bail to him is not warranted and all the contentions now put forward regarding definition of ganja etc. can be urged before the trail court at a later stage. 4. Having regard to the nature of the offences alleged and this petitioner being found in the vehicle carrying ganja according to the investigating agency, anticipatory bail cannot be granted. However, this will come in the way of the trial court dealing with regular bail on merits. 5. Accordingly, the petition is rejected. Sd/s Vnp* JUDGE