SAYYAD MOHAMMAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question proceedings in Crime No.30 of 2021 registered for offences punishable under Ss. 25 and 3 of the Indian Arms Act, 1959 and Ss. 8(c), 20(B)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short).

(2.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:- On 26/5/2021 on the basis of a report submitted by the 2nd respondent/Police alleging that on 25/5/2021 when they were on rounds, they received credible information that one accused involved in a dacoity case is on the run towards Moodabidri in a car and they followed the said car and found the car being driven by Mohamed Farooq. The petitioner was seated in the car and another Eicher Truck was moving towards Moodabidri. Both the vehicles were intercepted and the dickey of Skoda car was searched which resulted in unearthing of 60.60 Kgs. of Ganja. The Eicher Truck which was also seized was searched and such search resulted in recovery of 157 Kgs. of Ganja. It was seized and the accused were arrested and produced before the Police for further action. The Special Court under the Act on 26/5/2021 remanded the petitioner to judicial custody. On 20/11/2021 the Police after investigation filed a final report/charge sheet before the Court. The petitioner, after filing of the charge sheet before the Court, has now knocked on the doors of this Court in the subject petition, for quashment of entire proceedings in Crime No.30 of 2021 and seeks an interim prayer for release by grant of interim bail.

(3.) Heard the learned senior counsel Sri Hashmath Pasha appearing for the petitioner and Smt.K.P.Yashodha, learned High Court Government Pleader appearing for the respondents.