ORDER : Heard learned counsel for the petitioner and learned High Court Government Pleader. Perused the records. 2. Petitioner is arraigned as accused No.1 in Spl. C.C. No.160/2019 on the file of XXXIII Addl. City Civil & Sessions Judge & Spl. Judge (NDPS), Bengaluru, arising out of Crime No.128/2018 of Kempegowdanagar police station, registered for the offences punishable under Section 20B of NDPS Act, 1985, S.87 of Karnataka Forest Act and also under S.379 of IPC. 3. Brief facts of the case are that on 15.10.2018 at about 3.30 p.m. on receipt of credible information, respondent – police have gone to a place called “Jinke Park Main Road” and intercepted a Tata Sumo vehicle which was driven by the petitioner (accused No.1) and after interception, they found that in the said vehicle, accused No.1 was transporting 5 kg. 300 gms. Of ganja and 318.5 kgs. of red sandalwood consisting of 42 billets. A mahazar was drawn and these items were recovered at the instance of accused No.1 against whom chargesheet has already been filed. Accordingly accused – petitioner was arrested on 15.10.2018. 4. As rightly contended by the learned counsel for the petitioner, red sandalwood is not categorized under the specified schedule species. The Apex Court in T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND OTHERS (reported in 2012(4) SCC 362 ) has observed that red sandalwood is also an endangered species and shall be considered as a specified plant and directed the Central Government to incorporate the same to the VI Schedule of Wildlife (Protection) Act, 1972, but till today it appears the same has not been incorporated in the said Schedule. 5. Under the above said circumstances, special provision for bail and the presumption arising out of Section 84 of Karnataka Forest Act and Section 37 of NDPS Act are not available to the prosecution. The offence alleged under S.20B of NDPS Act shows that ganja was seized to the extent of only 5 kgs. 300 gms. which is not a commercial quantity. Therefore the offence alleged under the NDPS Act is not punishable with imprisonment for life or death or of like nature. 6. Under the above said circumstances, the allegations made against the accused have to be proved beyond reasonable doubt during the course of trial. 300 gms. which is not a commercial quantity. Therefore the offence alleged under the NDPS Act is not punishable with imprisonment for life or death or of like nature. 6. Under the above said circumstances, the allegations made against the accused have to be proved beyond reasonable doubt during the course of trial. The accused is not shown to be a habitual offender or any other offence having been committed by him is not brought to the notice of this Court. Chargesheet is already filed and petitioner is in judicial custody from 15.12.2018. Hence, in my opinion, petitioner is entitled to be enlarged on bail particularly under S.439 of Cr.P.C. subject to certain conditions. 7. Under the above said circumstances, I pass the following: ORDER The petition is allowed. Petitioner shall be released on bail in Spl. C.C. No.160/2019 on the file of XXXIII Addl. City Civil and Sessions Judge and Spl. Judge (NDPS), Bengaluru, in connection with Crime No.128/2018 registered by Kempegowdangar Police for the offences under Section 20B of NDPS Act, 1985, Section 87 of Karnataka Forest Act and Section 379 of IPC, subject to the following conditions: (i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/with one surety for the likesum to the satisfaction of the Trial Court; (ii) Petitioner shall appear before the Trial Court on all future hearing dates unless exempted for genuine reasons by the Trial Court.