PAMPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are accused 1, 2 and 4 facing charge for offence punishable under Sections 17(b) and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for illegal possession and transporting 2 kgs. of Opium in Crime No. 42 of 2010.

(2.) The Petitioners seek bail and State has been notified.

(3.) The Government Pleader has filed counter to the bail application. The prosecution case is based on the report of Ravindra S. Shirur, Inspector of Police of the jurisdiction who, acting on credible information proceeded to bypass road between Dharwad to Bangalore on 26.3.2010 at 11.00 a.m. Noticing that Indica Car bearing No. KA 35/A1718 was used by the accused, who are Petitioners herein, for transporting Opium in the car, it was intercepted and searched. It was found Petitioners possessed Opium without licence. The prosecution alleges that search was conducted in compliance of statutory provision of NDPS Act and the accused having been found to be in the possession Opium, there is a presumption of guilt against them.