SRI. PALAKSHA. R.N., S/O NARAYANA SETTY, AGED ABOUT 29 YEARS, METAL NO. C.P.C. 578, ALUR POLICE STATION, ALUR, HASSAN DISTRICT Vs. THE STATE OF KARNATAKA, BY MANIPAL POLICE, UDUPI

JUDGEMENT

(1.) CRIMINAL Petitions 1513/2012 and 1661/2012 are filed under Section 438 of Cr.P.C. while Criminal Petition 1946/2012 is filed under Section 439 of Cr.P.C. by the respective petitioners seeking bail in connection with case in Crime No. 242/2011 of Manipal Police Station registered for the offences punishable under Sections 8 and 20(B) of NDPS Act, 1985. Since all these petitions relate to one and the same case registered by the respondent -police, they were heard together and are being disposed of by this common order.

(2.) ACCORDING to the case of the prosecution, at about 8.15 p.m. on 3.11.2011, P.M. Diwakar, Police Sub -Inspector of Coastal Police Station, Malpe received a credible information about few persons selling and buying brown sugar near Paradise Resort situated close to Malpe Beach; immediately, he secured the presence of panchas, apprised them about the information received, thereafter along with panchas and staff, proceeded to the place; while they were waiting near the Causality Section of KMC Hospital, Manipal, at about 10.15 p.m. they saw a rickshaw being parked; at about 10.30 p.m., car bearing registration No. KA -04 -MD -4115 came there with four persons and at the same time two persons came there on a motor cycle bearing registration No. KA -20 -B -8411; when all of them were discussing and exchanging some articles, the raiding party surrounded them. However, out of them few ran away, while others were apprehended and they were found in possession of brown sugar, which was seized later. Subsequently, the case was transferred to Manipal Police Station on point of jurisdiction.

(3.) ON coming to know of the registration of the case, the petitioners in Criminal Petition Nos. 1513/12 and 1661/12 filed petitions under Section 438 Cr.P.C. before the learned Sessions Judge, which came to be rejected. The Petition filed under Section 439 Cr.P.C by the petitioner in Criminal Petition No. 1946/12 came to be rejected by the Learned Sessions Judge. Therefore, the petitioners have presented these petitions before this Court.