ABDULKHADIR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner/accused No.1 under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for short) for granting bail in respect of Crime No.44/2022 registered by Gokak Town Police for the offence punishable under Ss. 18 , 20(b) , 21(b) , 21(c) and 22 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as ' NDPS Act ').

(2.) Heard the arguments of the learned counsel for petitioner and learned High Court Government Pleader for respondent.

(3.) The case of the prosecution is that on the suo motu complaint registered by Gokak Town Police for the aforesaid offences alleging that on 21/5/2022 at 12.30 p.m. they got some credible information that accused No.1 (the present petitioner) along with others moving in car and coming in front of the PWD I.B. Gate for selling brown sugar to one Shabasakhan, who also coming in a motorcycle. After getting the information and obtaining the permission of higher Officer along with the staff and Officers they apprehended the accused No.1 and others. These petitioners are said to be found in possession of small packets which were containing 280 mili grams and 240 mili grams packets total measuring 22 grams 50 mili grams of brown sugar. The same was seized under the panchanama in the presence of panchas. They also seized the mobile phones and other incriminating articles. The petitioners were produced before the Special Court and remanded to judicial custody. The petitioner/accused No.1 has filed bail petition which came to be rejected by the Sessions Court. Hence, the petitioner is before this Court.