H.S. ISMAIL SHAREEF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner- accused No.3 under Section 439 of Cr.P.C., to release him on bail in Crime 62/2020 registered by Devanahalli Police Station, Bengaluru (pending on the file of XXXIII Additional City Civil and Sessions Judge and Special Court for NDPS Cases, Bangalore) for the offence punishable under Section 20(b)(ii)(c) of N.D.P.S. Act (herein after referred to as 'Act' for short).

(2.) I have heard the learned senior counsel Sri Hasmathpasha for Sri Nasi Ali advocate for petitioner-accused No.3 by virtual hearing and Sri R D Renukaradhya, learned High Court Government Pleader for respondent-State.

(3.) The gist of the case of the prosecution in brief is that on 26.08.2020 the CCB Police received credible information that one Sameer is securing ganja from one Shiva Reddy of Godavari District in Andhra Pradesh and out of which, some part is going to be given to accused Nos.2 to 4. Accordingly, they went and started waiting near Venkateshwara theatre of Devanahalli and at that time, a Leyland truck bearing Reg.No.KA-51-AB-4233 came and accused Nos.2 to 4 were also coming in Indica car bearing REg.No.KA-54-A- 0582. Thereafter, the CCB Police stopped the said vehicle and conducted the search of truck and seized 204.6 kgs of ganja and three mobile phones by drawing a mahazar and apprehended the accused.