NONSO JOACHIN UDEDIKE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No.493/2019 of Ramamurthy Nagar Police Station, Bengaluru registered for the offences punishable under Sections 8(c), 21(b) and 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and Section 14 of the Foreigners Act.

(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the State/Respondent.

(3.) The factual matrix of the case is that on receipt of credible information on 24.11.2019, the Police Inspector suo- motu registered the case against the petitioner after coming to know that the petitioner was residing in the address bearing No.35, 1st Floor, 2nd Cross, KNSS Layout, Brindhavan-3, Jayanthi Nagar, Horamavu, Bengaluru, that he was in possession of the narcotic intoxicating material. Immediately, he went to the residence of the petitioner and confirmed the information. Thereafter, he was taken to the Gazetted Officer i.e., the Assistant Commissioner of Police and he was subjected to personal search. On personal search, 28 grams of cocaine and 0.15 grams of LSD strips were found and he also seized mobile phone, Toyota Corolla car and cash of Rs.10,000/- from the petitioner and mahazar was conducted from 11.30 a.m. to 3.30 p.m. It is the allegation that the petitioner came to India for business purpose and violating the Visa conditions, is doing the business of selling the narcotic intoxicating material, which is a menace to the Society. Hence, a case was registered against the petitioner for the offence punishable under Sections 8(c), 21(b) and 21(c) of the NDPS Act and Section 14 of the Foreigners Act.