FAIROZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned HCGP for the respondent - State. Perused the records.

(2.) The allegation made by the prosecution is that on 27.12.2019 at about 5.40 p.m., the complainant received a credible information that three unknown persons were trying to transport a bag containing ganja at Hennur flyover. It is alleged in the complaint that the complainant having secured permission from ACP went to the spot along with the panchas and the Investigating Officer seized 30 kgs 200 gms of ganja worth Rs.2,50,000/-. It is also alleged in the complaint that three mobiles and five 100 currency notes and one blue colour Honda Activa bike were seized from the scene of offence. It is alleged in the complaint that when he went to the spot, the present petitioner along with other two accused were present and when enquired and on search, it was found that the petitioner and other two accused were trying to transport 30 kgs 200 gms of ganja worth Rs.2,50,000/-. On this credible information, the police have registered a case in Crime No.426/2019 for the offence punishable under Section 20(B)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) Learned counsel for the petitioner has produced some additional documents. By relying on the seizure mahazar, he would bring it to the notice of this Court that the alleged quantity which was seized on 27.12.2019 was in fact from accused No.1. Learned counsel for the petitioner would submit that the blue colour Honda Activa bike in which this alleged quantity of ganja was being transported is admittedly owned by accused No.1. He would submit that the seizure mahazar does not attribute any specific allegation against the present petitioner who is arrayed as accused No.3.