KRUTHIBAS DIGAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition under section 439 Cr.P.C. The respondent police have registered a case against the petitioners in Crime No.241/2019 for the offence punishable under Section 20(B)(ii)(C) of NDPS Act, 1985. The respondent police recovered certain quantities of ganja from all the petitioners on 29.12.2019 by conducting raid near K.R.Puram Railway Station, Bengaluru.

(2.) Heard the petitioners' counsel and the Additional SPP for respondent-State.

(3.) The prosecution case is that the first petitioner was found possessing 7 kgs of Ganja, second petitioner 5 kgs of Ganja, and petitioners 3, 4 and 5, 4 kgs of Ganja each. Though the total quantity of Ganja recovered from all these petitioners exceeds the commercial quantity, but when considered individually, it is less than the commercial quantity.