DHIREN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.3 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for brevity) seeking bail in Crime No.91/2022 of CEN Crime P olice Station Hubballi-Dharwad City , registered for the offence punishable under Sec. 20(b)(ii)(B) of The Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as 'NDP S Act', for brevity).

(2.) It is the case of prosecution that, one Raghavendra Gurl, Police Sub-Inspector, CEN Crime Police Station, Hubballi-Dharwad C ity has filed complaint stating that on 8/4/2022 at about 8:30 a.m, the complainant along with his subordinates were on patrolling duty . When they were near Sarvodaya Circle, he received a credib le information that at about 11:00 to 11:30 a.m, some people are bringing Ganja in a vehicle bearing its registration No.KA-25/EF-2131 through Sarvodaya Circle to Bhavanainagara road, Barakotri. The said complaint came to be registered in Crime No.91/2022 of CEN Crime Police Station Hubballi-Dharwad City. The complainant along with his staff went to the spot and stopped the bike of accused Nos.1 to 3 and they found possessing ganja in a bag weighing 2126 grams and he seized the same under Mahazar and arrested accused Nos.1 to 3. After investigation, charge-sheet has been filed against accused Nos.1 to 4 for the offence punishab le under Sec. 20(b)(ii)(B) of NDPS Act and Sec. 34 of Indian Penal Code. The petitioner- accused No.3, who is in judicial custody has filed bail application in Spl.NDPS CC No.7/2022 and the same came to be rejected by the Prl. Sessions and Spl. Judge, Dharwad by order dtd. 28/7/2022. Therefore, the petitioner-accused No.3 is before this Court seeking bail.

(3.) Heard the arguments of learned counsel appearing for the petitioner and learned High C ourt Government P leader for the respondent-State.