ORDER : This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking regular bail in Crime No.113/2016 of Afzalpur Police Station, Kalaburagi, registered for the offences punishable under Sections 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Brief facts leading to filing of the complaint are that, on 13.07.2016 the respondent police received a credible information that in the land of accused petitioner, he has grown ganja plants illegally without there being any permit or licence. Immediately he secured panch witnesses and along with his staff went and found that the accused – petitioner has grown ganja plants in between vegetable crops and in the meanwhile the accused petitioner by seeing the police started to run away but he was apprehended. After the raid it is noticed that 45 ganja plants have been grown, the same were seized in presence of panch witnesses. It was weighing in all 40kgs. Immediately the same was seized and case has been registered against accused petitioner. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent State. 4. The main grounds urged by the learned counsel for the petitioner are that petitioner is innocent and has not committed any offence alleged against him. He has further contended that the land belongs to accused petitioner but he is staying at Afzalpur and said land has been given to some other persons on lease. He has further contended that the alleged offences are not punishable with death or imprisonment for life and the seizing authority have not followed the mandatory provisions of the NDPS Act. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent State vehemently contended that the accused petitioner has grown the ganja plants in his own land and he was having an intention to grow and it was within his knowledge only to escape from the clutches of law he has come with version that the land which has been seized is of some other person. He has further contended that ganja which has been seized is more than commercial quantity and the accused petitioner is habitual offender, at this juncture, if the petitioner is released on bail, there is likelihood of he being absconded and he may not be available for trial. On these grounds, he prays for dismissal of the petition. 6. I have gone through the copy of the FIR, complaint and other material produced along with the petition. As could be seen from the complaint, it reveals that accused petitioner has grown 45 ganja plants in his land in between the vegetable crops and same has been seized by the police by drawing mahazar. But as per the definition of ganja only flower, buds, stem and seeds within the definition of ganja for the purpose of NDPS but in the instance case on hand the entire plants have been uprooted and weighed without separating. If it is separated in that event it will be less than the commercial quantity. As such, provisions of Section 37 of NDPS Act will not come in the way to consider the bail application. Apart from this, accused petitioner is an agriculturist and the alleged offences are not punishable with death or imprisonment for life. It is submitted that the investigation has already been completed and charge sheet is yet to be filed. Under the above facts and circumstances of the case, if the accused petitioner is released on bail by taking adequate security, it would meet the ends of justice. 7. For the aforementioned reasons, the petition is allowed and petitioner/accused No.1 is ordered to be released on bail, subject to the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court; (ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses; (iii) The petitioner shall make himself available to the Investigating Officer as and when required; (iv) The petitioner shall appear before the concerned Court regularly.