MAHADEV Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 438 of the Code of Criminal Procedure, 1973, (for short 'Cr.P.C.') seeking to enlarge petitioner on anticipatory bail in the event of his arrest in Crime No.20/2021 of CEN Crime Police Station Kalaburagi City, Dist: Kalaburagi, registered for the offence punishable under Sec. 20 (B), (ii), (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

(2.) It is the case of the prosecution that the FIR came to be registered on the basis of complaint filed by one Waheed Husen Kotwal, Police Officer stating that on 8/10/2021 at about 08.00 a.m. he has received credible information that some persons transporting ganja in a goods vehicle. Hence, he secured the panch witnesses, his staff and went to Tavaragera cross at about 09.00 a.m. At about 10.30 a.m. one Tata Ace Goods Carrier vehicle came from Humnabad towards Kalaburagi. They made hand signal to stop the vehicle, but the driver of the said vehicle without stopping it drove it in high speed. On suspicious they followed the vehicle and stopped near Upalaon cross. The persons sitting front seat ran away from the spot. They found that the driver and two persons were sitting in the vehicle. On enquiry they disclosed their names. On inspection they found 170 ganja packets weighing about 340 kgs worth of Rs.34,00,000.00 and seized the ganja and vehicle by taking sample of ganja for chemical examination. On enquiry the driver stated that accused Mahadev brought ganja from Bhadrachalam of Telengana State and was asked to hand-over the said ganja to Praveen of Kalaburagi. On the basis of complaint the police have started the investigation. This petitioner is absconding. Now the charge sheet is filed stating that this petitioner is absconding. The incident has taken place on 8/10/2021 and he is not appearing before the Court. The anticipatory bail petition filed by the petitioner came to be rejected by the learned Sessions Judge. Hence, the petitioner has filed this petition.

(3.) Heard Sri. Ganesh Naik, learned counsel for the petitioner and Sri. Gururaj V. Hasilkar, learned High Court Government Pleader for the respondent - State.