ARJUNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who are arrayed as accused Nos. 4 and 5 in Special Case No. 125/2013 on the file of XXXIII Addl. City Civil and Sessions Judge and Special Judge (NDPS) registered for the offences punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') are before this Court seeking for releasing them on regular bail. It is the case of the prosecution on 31.3.2013 at about 2.45 p.m. when the police raided the house of accused Nos. 1 and 2 on receipt of credible information situated at Anjanappa Garden, Mysore Road, Bangalore, they were found in possession of 21 kgs 600 gms of Ganja in the ground floor of their house and further 5 kgs 700 grams of Ganja and 77 polythene bags in the 2nd floor of their house. They were seized after following the due procedure as contemplated under NDPS Act. It is further alleged at the time, the police raided the house of A1 and A2, A3 and these petitioners escaped from the said house. Later they were apprehended during the course of investigation.

(2.) The learned counsel appearing for the petitioners submits admittedly no Ganja has been recovered from the possession of these petitioners. The learned counsel further submits A1 has been released on bail by the trial judge, A2 and A3 have been granted bail by this court in Criminal Petition Nos. 2690/2013 and 3245/2013 respectively. Admittedly Ganja was seized from the house of A1 and A2 and they have been enlarged on bail. As nothing has been seized from the possession of these two petitioners, these petitioners also be released on bail, in view of A1, A2 and A3 having already been enlarged by the Trial Court and this Court respectively.

(3.) The learned HCGP appearing for the respondent -- State vehemently opposes the application of the petitioners.