KISHANKUMAR MEGHWAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners, who are arrayed as Accused Nos.1 and 2 in Special Case No.216/2013 on the file of the Special Court for NDPS, XXXIII Addl.City Civil and Sessions Judge (CCH 33) registered for the offence punishable under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'the Act') are before this court seeking for grant of regular bail.

(2.) IT is the case of the prosecution, that the PSI of K.P. Agrahara Police Station, who is the complainant in the case received a credible information on 7.6.2013 at about 2.00 p.m. to the effect that 3 persons were involved in selling opium near Gopalan Residency Compound in Telecom Layout. Thereafter he proceeded to the said place along with other Police Inspector, Officials and Panchas. At the said place they found 3 persons, which tallied with the features given as per the credible information received and therefore, they advanced to apprehend them. Out of 3 persons, who were there 1 person escaped, the other two persons who are the petitioners in this petition were apprehended. Thereafter, the PSI secured the ACP for conducting their personal search as contemplated under the Act and who in turn conducted the personal search of these two petitioners in the presence of panchas. At that they were found in possession of 1 kg and 1.1 kg of opium with them. The ACP after completing the formalities of search and seizure produced these two petitioners before the jurisdictional police, thereafter they came to be arrested and on completion of the investigation, final report was filed before the Special Court against these two petitioners and two other persons, who are shown as absconding in the case.

(3.) PER contra, learned HCGP opposing the application contended the petitioners have indulged in commission of the offence under NDPS Act, which will have an evil effect on the common man in the society and taking into consideration, the background in which occurrence has taken place as they have indulged in selling opium at the instance of accused No.4, in the circumstances, they are not entitled to be released on bail.