UPPALA PATTI SUBBA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned Govt. Advocate is directed to take notice for the respondent-State. The petitioners- accused Nos.1 and 3 being aggrieved by the order dated 21.04.2020 passed in Crl.Misc.No.2561/2020 by the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, have filed this criminal petition.

(2.) The brief facts of the case of the prosecution are that on 03.03.2020 at 7.00 p.m. the complainant - Police Inspector of CCP, Narcotics Division, Bangalore, when he was in station, is said to have received an information that a person is arriving from Vishakapattana of Andhra Pradesh, to sell more ganja in large quantity to one G.Gowrav and Mohammed Ammar Shamshad, to a place located opposite to Kidzone, Building No.109, Visheveshwaraiah Road, Vijaya Bank Layout, BTM 4th Stage, Bilekahalli of Bannerghatta Road of Mico Layout Police Station Jurisdiction, Bangalore. Upon this information, the Police Inspector collected the Panchas and went with his staff to the said place and found three accused persons, surrounded them and were taken to custody. Further, on search of the three accused, the Complainant found 21 kgs of ganja, 3 mobiles, 2 bags, one Honda Deo, Rs.9,500/- cash and a cello tape. The said ganja consist of leaves, stalks, flower and seeds and the same was seized. Complaint was lodged, report was prepared, submitted to the Station House Officer of Wilson Garden Police Station and FIR was registered. It is further alleged that accused No.1, as per the direction of absconding accused No.4 Surya @ Venkata Prasad, came to Bengaluru from Vishakapattana and was selling ganja to accused Nos.2 and 3 so as to sell in small quantity to the public. The respondent-police took accused No.1 to custody. The police have not filed the charge sheet till today. The accused is in judicial custody since 04.03.2020 and the petitioners have filed an application under Section 439 of Cr.P.C. in Crl.Misc.No.2561/2020 before XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru. The trial Court has rejected the application filed vide order dated 21.04.2020. The present petition is filed by this petitioners challenging the said order.

(3.) Heard the learned counsel for the petitioners Sri Mohan Kumar D. and learned High Court Government Pleader for the respondent-State.