LAWS(KAR)-2022-12-48

RANGAPPA Vs. STATE

Decided On December 07, 2022
RANGAPPA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.2 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in C.C. No.340/2021 (old C.C. No.234/2020) pending on the file of Principal Civil Judge (Sr. Dn.) and CJM Court, Chennagiri, for the offences punishable under Ss. 20(a)(i), 20(b)(ii)(A) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') registered by Basavapatna Police Station, Davanagere.

(2.) Heard the arguments of learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

(3.) The case of prosecution is that on the suo moto complaint by the respondent-police on 21/3/2019, the case was registered. It is alleged that when the police officer Devaraj T.V. was in the CEN Police Station, he got credible information that some persons selling ganja in the jurisdiction of Basavapatna police station. Immediately, he recorded first information and registered FIR against unknown person and he along with police staff, apprehended the accused Nos.1 and 2. When they searched the accused, they found that the accused were in possession of 750 grams of Ganja and the same was seized under the panchanama in the presence of panchas. After investigation, charge sheet came to be filed against the accused persons, which is under challenge.