PRADEEP S. M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused No.1 has filed this petition under Sec. 439 of Cr.P.C. for enlarging him on bail in Crime No.333/2022 Ramamurthy Nagar Police Station, Bengaluru City, registered for the offences punishable under Ss. for the offence punishable under Sec. 22(C) and 20-B of Narcotic Drug and Psychotropic Substances Act, 1985 ('NDPS Act' for short) pending on the file of 10th Additional CMM Court, Mayo Hall, Bengaluru City.

(2.) The brief factual matrix leading to the case are that, on 2/9/2022 at 8.00 p.m., when the complainant-PSI was discharging his duty in Ramamurthy Nagar Police Station, he received credible information that in Kasturinagara at Krishnarajapura Railway Station, near the Compound wall two persons were selling contraband to the public in order to have unlawful gain. He has immediately informed the matter to DCP of East Division and ACP of Banasawadi Sub-division and obtained their permission to conduct raid. He has also secured panchas to the station, and along with staff and panchas and other required materials including tools, went to the spot at 8.40 p.m.. and started surveying the area. Then he found that two persons were carrying bags came there and were trying to sell the contraband articles to the public. Then they surrounded them and apprehended them. The petitioner is one of them and he is arraigned as Accused No.1 and he was found in possession of 12 grams MDMA, while Accused No.2 was found in possession of 1/2 Kg. of Ganja. When the Investigating Officer interrogated them, they disclosed that, they have secured the said articles from a different person at KGF Railway Station and selling the same in order to have unlawful gain. Then the complainant sent a requisition to ACP, since search was required to be conducted in presence of the Gazetted Officer and ACP came to the spot in the night at 22.15 hours and he informed the petitioners that, he is the Gazetted Officer and they are at liberty to get them personally checked either in presence of Gazetted Officer or nearest Magistrate, and the petitioner disclosed that he has no objection for getting searched in presence of ACP and on searching, the petitioner was found in possession of 12 grams of MDMA substance while, Accused No.2 was found in possession of half ( 1/2) Kg. of Ganja and cash and the same were seized and mahazar was drawn. The petitioner was arrested and produced before the learned Magistrate and he was remanded to judicial custody. The petitioner has approached the learned Special Judge with a bail petition and learned Special Judge has rejected the bail petition and hence, he is before this Court.

(3.) Heard the learned counsel for the petitioner/Accused and the learned HCGP for the Respondent-State. Perused the records.