PARUGAI AGALURAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A FIR has been registered on 16.02.2013 against the petitioner for offence punishable under Section 8 (c) r/w 20 (B), 2 (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'the Act') in Crime No.27/2013 before the Kurugodu police station.

(2.) IT is the case of the prosecution that the petitioner was in possession of 12 kgs of Ganja contained in two bags and he was taken into custody. Under these circumstances, the petitioner was apprehended and he is in judicial custody since 16.02.2013.

(3.) LEARNED High Court Government Pleader has filed the statement of objections and submits that the petitioner was in possession of Ganja. It is his case that whether the seized quantity is commercial or non - commercial, the petitioner has to be punished since two bags of Ganja was seized from his house. Further, the seized materials have been sent to Forensic Science Laboratory for investigation. Under these circumstances, the petitioner's presence is required and in case if he is enlarged on bail, he would obstruct the investigation. Hence, he submits that the petition has to be dismissed.