MOHAMMED ASIF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P. No.7576/2021 is filed by accused No.1 and Crl.P. No.8333/2021 is filed by accused No.2 under Sec. 439 of Cr.P.C., for granting bail in Crime No.54/2021 registered by CEN Crime Police Station pending on the file of Principal District and Sessions Judge, Davanagere for the offence punishable under Sec. 20(B)(II)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' for short).

(2.) Heard Sri. Hashmath Pasha, learned Senior counsel appearing for the petitioner in Crl.P. No.7576/2021, Sri. Umesh, learned counsel appearing for the petitioner in Crl.P. No.8333/2021 and Sri. R. D. Renukaradhya, learned High Court Government Pleader for respondent - State in both the cases.

(3.) The case of the prosecution is that a suo-motu complaint is registered by the CEN Police Inspector - Geerish B. V. on 19/8/2021 alleging that on the credible information, himself and his team of members and panchayathdas were went and watched opposite road of Shivagiri Mini Rice Mill, Mittlakatte Village, Harihara Taluk, Davanagere District, they found two person were standing near motorcycle and on-search, they are in possession of plastic bag containing ganja measuring 6.278 grams. The same was seized by the police under the Panchanama in the presence of Panchas and they have been taken to custody and accordingly, they have been remanded to judicial custody. Their bail came to be dismissed by the trial Court therefore, they are before this Court. 3. Learned senior counsel appearing for the petitioners has seriously contended that the petitioners are innocent of the alleged offence and they have been actually offended 9 days prior to the date of the alleged seizure and they have been falsely implicated and even otherwise the alleged ganja is 6. 278 grams, which is not a commercial quantity, which is a intermediate quantity. The investigation is in progress but the petitioners are already in custody for 71 days and they are ready to abide by the conditions that may be imposed by this Court.