DOULA Vs. STATE OF KARNATAKA

JUDGEMENT

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

(2.) This petition is filed by the petitioner/accused No.4 under Section 438 of Cr.P.C. in Cr.No.35/2020 of Chithradurga Police station for the offences punishable under Section 20(B) of N.D.P.S. Act. The police are making hectic efforts to arrest this accused. Therefore, the learned counsel for the petitioner is seeking for anticipatory bail in the event of the arrest of the accused among the grounds urged therein.

(3.) It is stated in the FIR said to be recorded by the police that one Nagaraj G, ASI, Chitradurga Town Police Station, Chitradurga has given a report alleging that on 04.03.2020 at around 9.30 a.m., when he was on patrolling duty along with the staffs at JCR Extension, he received an information through phone that near Bapuji college at Pillekarnalli which is a public place, some miscreants are engaged in trade of ganja packets in a small plastic covers and he directed to confirm the message and submit the report. Based upon the said report, the SHO has registered the case in Cr.No.35/2020 for the aforesaid offences. The police inspector took up the investigation and secured the panchas and Gazetted Officer and took them near spot of crime and made secret surveillance and noticed two miscreants engaged in the sale of Ganja. Thereafter, he conducted a raid, caught hold the miscreants and seized ganja leaves and seeds. On enquiry, the miscreants by names one Krishnappa and Basappa revealed that the ganja has been handed over to them by one Sadiq S/o Sarmas for sale. Further, the inspector apprehended the said Sadiq and seized ganja pockets weighing two kilo grams. On making enquiry, said Sadiq revealed that he purchased the said ganja from the petitioner herein for sale and the petitioner was purchasing the same from Raichur and Gulbarga. After seizure of the incriminating materials, the investigating officer produced all the miscreants before the Special Court. But this petitioner is absconding since from committing of the alleged offence and his name was shown in the remand application as accused No.4.