HAJIPASHA Vs. STATE

JUDGEMENT

(1.) These petitions are filed under Sec. 439 of the Code of Criminal Procedure, 1973 (' Cr.P.C .' for short), seeking to enlarge the petitioners, who are arraigned as accused No.4 and 2 respectively, on bail in Crime No.57/2021 of Shanthapur Police Station Dist: Bidar, registered for the offences punishable under Ss. 20 (b) (ii) (C) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ' NDPS Act ') on the file of Prl. District and Sessions Judge, Bidar.

(2.) It is the case of the prosecution that on 8/8/2021 at about 08.30 a.m. the complainant - Dy.S.P. Bhalki received credible information that near Kandagol to Wadagoan village Tq: Aurad some persons will illegally transporting the Ganja in Tempo bearing Reg.No.TS-UD- 1094. The complainant secured his staff, videographer, village accountant and panchas. At about 12.40 p.m. they went to Kandagol - Wadagoan road. At 12.57 p.m. they saw one Tempo bearing Reg.No.TS-UD-1094 came from Kandgol village. The police officials stopped the said vehicle, at that time four persons from said vehicle tried to ran-away from there, the police officials caught hold them and enquired their names. They disclosed their names as 1) Omkar s/o Hanamanatappa Halembure, 2) Anil s/o Dashrath Phule, 3) Aslam s/o Gousoddin Mulla and 4) Hajipasha s/o Rashidmiya Kasaab. The accused persons told that they were transporting chilly. When the police officers searched the vehicle, they found that the accused persons were carrying Ganja packets. They found that 592 kgs of Ganja in 274 packets worth of Rs.59,20,000.00 was in the vehicle and they had no any permit or license to transport the same. In this regard a FIR came to be registered. The police after investigation have filed the charge sheet. Their bail petitions under Sec. 439 of Cr.P.C. came to be rejected by the Principal District and Sessions Judge, at Bidar. Hence, the petitioners have filed these petitions.

(3.) Heard Sri. Nandkishore Boob and Sri. Anilkumar Navadagi, learned counsel for the petitioners and Sri. Gururaj V. Hasilkar, the learned High Court Government Pleader for the respondent - State in both the petitions.