G.P.AKBAR PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No. 2 under Section 439 Cr.P.C. seeking bail in crime No. 31/2020 of C.E.N. Police Station, Chikkamagaluru for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter for the sake of brevity referred to as 'the Act, 1985') pending on the file of Principal District and Sessions Judge and Special Judge, Chikkamagaluru.

(2.) Heard Sri. P.P. Hegde learned counsel appearing for petitioner and Sri. V.S. Vinakaya, learned High Court Government Pleader appearing for the respondent - State.

(3.) Case of the prosecution is that the Police Inspector, C.E.N. Crime Police Station, Chikkamagaluru received credible information on 10.07.2020 that some persons were unlawfully possessing ganja and selling to public and college students. After informing his superiors, he obtained search warrant and secured presence of Gazetted Officer i.e., Deputy Superintendent of Excise, Chikkamagaluru and two panchas. Thereafter, they went to the spot and spotted a Maruthi Car bearing registration No. CTA 8179, Mahindra Pickup vehicle bearing registration No. KA 18 C 0516 and one motor cycle bearing registration No. KA 18 E 3834 and they found two persons in the Maruthi Car and two persons in the pickup vehicle and arrested the accused who were searched in the presence of Gazetted Officer and found two plastic bags in the hind seat of Maruthi Car containing dried ganja weighing 25 Kgs 100 gms in each bag and totally weighting 50 Kgs 200 gms worth Rs.12,50,000/-. Contraband was seized in the presence of panchas. On enquiry accused Nos. 1 to 4 revealed that they had purchased 80 Kgs of ganga from a person at Vishakapatna and they had sold 20 Kgs of ganja in Halebeedu area and remaining quantity was hid in the forest with an intention to sell the same to the public and students in Mangaluru. Petitioner is arraigned as accused No. 2 in the FIR and he is in custody since 10.07.2020.