SHANKAR KRISHNASA HABIB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed under Section 439 of the Code of Criminal Procedure. The offences alleged are punishable under Ss. 17, 18, 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as the Act) read with Section 34 of Karnataka Excise Act. Similar petition was filed before the Principal Sessions Judge (Special Judge), Dharwad in Crime No. 75/91. The said petition was opposed by the State. Learned Sessions Judge by an order dated 12-8-91 rejected the said petition.

(2.) The case of the prosecution is that on an information received by the P.S.I. Ganthikeri Police Station of Hubli at about 10 p.m. on 31-7-199l to the effect accused - petitioners herein, who are residents of Aralikatti Oni of Hubli coming within the limits of Ganthikeri Police Station are engaged in the Narcotic trade and have huge stock of Ganja in their residence, he along with panchas raided the house of the petitioners. On a tharough search of the premises, detected 2 gunny bags containing ganja weighing 50 Kgs each valued at Rs. 15,000/- each. When the petitioners were interrogated to produce a valid permit or licence for possession of the same, they were not able to give any satisfactory reason. Hence, the said material was seized from the accused under a panchanama. A mahazar was drawn. The petitioners were arrested. Then, a case came to be registered in Crime No. 75/91 for offences punishable under Ss. 17, 18, 21 and 22 of the Act read with S. 34 of the Karnataka Excise Act. The further case of the prosecution is that pursuant to registering a case, immediately F.I.R. was submitted to the Sessions Court, Dharwar. Accused were produced before the Sessions Judge on 1-8-1991 and they were remanded into judicial custody up to 12-8-91 and subsequently up to 4-9-1991.

(3.) Further case of the prosecution is that during investigation they recorded the statements of five witnesses viz., 1) S. I. Imadi, 2) A. P. Kallur, 3) S.S. Gayakwad, 4) S.F. Madivalar and 5) M. N. Iyati, who are all direct witnesses for the seizure of 2 bags of ganja. After seizure, the said two bags were sent to chemical examination. Its report is awaited.