(1.) Heard the learned counsel for the petitioner and also learned High Court Government Pleader for respondent-State. Perused the records.
(2.) The allegations made against the petitioner is that the accused was having a house taken for rent at Chikkanna layout near Sharada school which belonged to one Sri.Marulesh. It is alleged that the accused has stored ganja in the said house. On credible information, the Police registered a case in Crime No.67/2019 under Section 20(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and Section 14 of Foreigners' Act and visited the said spot and arrested the accused on 14.03.2019 and at the instance of the accused, they searched the house of the accused and found 32 kgs of ganja and cash of Rs.5,000/- and three mobile phones and they seized the same. Out of the said 32 kgs, 15 kgs one bundle and 16 kgs another bundle were seized. Out of them, 200 grams were separated and sent for qualitative analysis of NDPS Drug.
(3.) In order to consider the bail petition under Section 439 of Cr.P.C., the Court has to bear in mind that the accused has also passed the rigour of Section 37 of NDPS Act. Section 37 of NDPS Act prescribes that an opportunity should be given to the Public Prosecutor before consideration of the bail petition. Consequently, the Court should give a finding prima facie that the accused is not guilty of the offence as alleged. Particularly, there is no chance of accused repeating the crime if he is released on bail.