VIPIN KUMAR DAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under section 439 of Cr.P.C., for enlarging the petitioner in FIR No.11/2019-20 of Kushtagi Range, Koppal Sub-Division of Excise for the offences punishable under sections 15(b), 20(b), 25, 28, 60, 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"?).

(2.) The brief factual matrix leading to the case are that the complainant, who is Excise Sub-Inspector has filed complaint before Kushtagi Excise Police Station alleging that the accused was illegally transporting narcotic drugs in Tata company lorry bearing registration No.PB-65/AR- 9188 at Kyadiguppa cross near Nandi Tea stall, in front of NH-50 road and the complainant after reporting the urgency proceeded for raid and there, he conducted raid on the vehicle and found that 1.3 kg opium powder was being transported, which was kept beneath the seat of the driver in the vehicle along with liquor consignment, which is having permit and that was required to be delivered to Defence Establishment. The complainant has drawn mahazar and seized the property and then proceeded to arrest the petitioner. Then, after completing investigation, the investigating officer has also submitted charge sheet against the petitioner for the offences punishable under sections 15(b), 20(b), 25, 28, 60, 8(C) of NDPS Act. The petitioner moved bail petition before the Principal District and Sessions Judge, Koppal and the learned Sessions Judge by his order dated 09.03.2021 has rejected the bail petition. Being aggrieved by rejection of the bail petition, this petition came to be filed.

(3.) Heard the arguments advanced by the leaned counsel for the petitioner and the learned HCGP. Perused the records.