HEMALATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.103148/2022 is filed by accused No.1 and Criminal Petition No.103240/2022 is filed by accused No.2. Both the petitions are filed under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.96/2022 of Hospet Town Police Station, registered for the offence punishable under Sec. 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as ' NDPS Act ', for brevity).

(2.) The case of the prosecution is that on 31/7/2022 at about 11.00 a.m. when the complainant was in-charge of the police station received a credible information that two women named Hemalatha and Sasikala were illegally storing and selling ganja in a public place at Devi Gudi in Masageri area of Hospet city. Based on the said information he conducted raid along with panchas and other officials around 12.00 noon, on confirmation they found, accused were selling ganja illegally. They took the said two women in the custody and on enquiry they revealed their names and revealed that the bag contains illegal ganja and they are selling the same in small paper bags to customers for Rs.200.00. It is further stated that when they opened the bag in the presence of Gazatted Officer and panchas, it contained 110 packets of 700 grams and another bag contained 1 k.g. 425 grams of ganja in it and total weight of both the bags was 2 k.g. 125 grams which worth of Rs.25,000.00. The said complaint came to be registered in Crime No.96/2022 of Hosapete Town Police Station for the offence punishable under Sec. 20(b)(ii)(B) of NDPS Act. During the course of investigation, accused Nos.1 and 2 came to be arrested on 31/7/2022 and they are in judicial custody. Accused Nos.1 and 2 have filed bail application in Crime No.96/2022 and the same came to be rejected by the Principal District Sessions and Special Judge, Ballari by order dtd. 6/10/2022. Therefore, the petitioners/accused Nos.1 and 2 are before this Court seeking bail.

(3.) Heard learned counsel appearing for the petitioners and learned High Court Government Pleader for the respondent-State.