VIKRAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under section 439 of Code of Criminal Procedure seeking to enlarge him on bail in Crime No.83/2019 (Spl. Case No.794/2019) of Khatak Chincholi Police Station Taluka Bhalki Dist: Bidar for the offences punishable under Sections 20(b) (ii) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short 'NDPS' Act).

(2.) The brief case of the prosecution is that, Circle Police Inspector Rural Police Station Bhalki by name Vijay Kumar received credible information that on 12- 07-2019 at about 2.00 p.m., one Mr.Vikaram and others have brought the Ganja in a white Verna Car bearing Reg. No.AP-32-AW-7557 and they have stored Ganja in the land belonging to one Prabhu @ Prahalad Chavan which was taken on lease by one Sheshappa S/o Shankerappa Biradar land bearing survey No.72 situated in Bajolga village and the said Ganja was stored in the shed of the said land. Accordingly on 12- 07-2019 he gave memorandum to the P.S.I of Khatak Chincholi Police Station. On the basis of it the P.S.I registered a case in Crime No.83/2019 for the offence punishable under section 20(b) (ii) of NDPS Act against the accused/petitioner.

(3.) It is the case of the prosecution that, on 15-07-2019 this petitioner was arrested and produced before the Court. It is the case of the prosecution that, this petitioner gave voluntary statement and stated that, himself and other accused in this case have brought the said Ganja from Andhra Pradesh and one Mr.Balaji of Hyderabad and Siddappa informed him that at Narsipatnam in Andhra Pradesh which is near to Vishakapatnam they will get Ganja for a cheap rate, so they can bring Ganja for a cheap rate and sell it in Karnataka for higher rate. So accordingly all of them had been to that place on 10-07-2019. Balaji talked with a person over telephone and he brought 71 boxes of Ganja and 2 bags of open Ganja and they purchased it for Rs.40,000/-. Then they all returned. This accused/petitioner stored said Ganja in the shed situated in the above said land. So on the basis of voluntary statement of this petitioner the Investigating Officer has filed the charge sheet for the above said offence.