SHYAMIL Y. Vs. STATE BY KARNATAKA

JUDGEMENT

(1.) Heard Sri.Hasmath Pasha, learned Senior Counsel for petitioner and learned High Court Government Pleader for respondent-State and perused the records.

(2.) Petition is filed under Sec. 439 of Cr.P.C with the following prayer:

(3.) Police Officer by name Sri.Deepak R., files a complaint with Madivala Police Station, which was registered in Crime No.178/2021 on 4/12/2021 for the offences punishable under Sec. 8(c), 22(c), 20(ii)(B) of NDPS Act. Along with the complaint, a mahazar is produced. In the mahazar, it is found that there was a credible information to the head of the raid party that some people are dealing with narcotic drugs in a house bearing No.5, 4th floor with name Varaha Nilaya, 6th Cross, 3rd Main, Venkatapura, Koramangala, Bengaluru. Accordingly, the head of the raid party formed a team comprising of sub-staff, panch witnesses and a gazetted officer. As per the information they raided the house and they found five persons by name Pranav, Shyamdas, Anubhav, Shamil and Mohammed. On enquiry and search, the raid party found incriminating materials in the house including the NDPS substances. On further enquiry, each one of the occupant of the house, took their personal belongings and handed over the incriminating materials and narcotic drugs which was detailed out in the mahazar. As per the mahazar, from the custody of present petitioner-Shamil, the investigating agency is able to seize a mobile telephone manufactured by iphone company 12 Pro Model and 1 K.G 600 gms of Ganja from the bag belonging to the petitioner.