ASIF @ MOHAMMED ASIF Vs. STATE

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C., seeking regular bail of the petitioner/accused No.2 in Crime No.167/2021 of Kodigehalli Police Station, Bengaluru City, for an offence punishable under Ss. 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' for short).

(2.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

(3.) The factual matrix of the case of the prosecution before this Court is that on 4/12/2021 at about 2:30 p.m, the Police have received an information that a person is selling Hashish Oil and Ganja near Hebbal Flyover. Based on CW.1's written complaint, a case was registered for an offence punishable under Ss. 20(b) of the NDPS Act and secured the panch witnesses - CWs.2 and 3 along with CWs.1, 2, 3, 4, 5, 6 and 7. On 4/12/2021 at about 3:45 p.m, went near the Flyover Bus-stop, at around 4:20 p.m, accused No.1 came along with Hashish Oil and Ganja in order to sell the same. He was arrested with the help of CWs.1, 4, 5, 6 and 7 by CW.11 and seized 11 Kg., Hashish Oil and 250 grams of Ganja and a case was registered and a Mahazar was drawn and he has indulged in selling the same along with other accused persons. Accused Nos.3 to 5 are absconded and this petitioner was arrested based on the voluntary statement of accused No.1.