JAI JOSEPH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by petitioner-accused No.1 under Section 439 of Cr.P.C. seeking regular bail in Crime No.30 of 2020 of Suddaguntepalya Police Station for the offences punishable under Sections 80(c) , 21(b) , 20(b) (ii) (c) of NDPS Act . The petitioner is said to be in judicial custody since from the date of his arrest.

(2.) Factual matrix of the petition is as under: It is stated in the complaint that, on receiving credible information that on 03.03.2020, a person will come near Tavarekere bus stand on Aralikatte to sell the drugs to the customer, the complainant informed the same to the ACP of Mico Layout Sub Division and after obtaining permission from the concerned authority, formed a team consisting of pancha witnesses and staff members and went to the spot. At about 10.15 a.m. on the said date, a White Hyundai Car yellow board bearing registration No.KA 01 AJ 7750 came to the spot and two persons got down from the car and one person was holding a cloth bag and they went near the Aralikatte and waiting for the customers. At that time, the complainant and other apprehended the accused and on personal search, they found 1 kg 50 grams of Hashish oil, MDMA 3.5 grams and ganja 2 kgs. They seized the said items. They also seized white car and one cloth bag. They drew panchanama and arrested the accused persons.

(3.) In pursuance of the complaint filed by the complainant, a case in Crime No.30 of 2020 came to be registered for the aforesaid offences. Thereafter, the investigating officer took up the case for investigation. In the said FIR, the petitioner is arraigned as accused No.1. The case is still under investigation by the investigating officer. The investigating officer also requires to record the statement of witnesses as well as to secure the material documents in order to lay the charge sheet.