AKSHAYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition filed under Sec. 439 of Cr.P.C. is by accused No.2 seeking bail in Crime No.83/2023 of Hubballi Sub-Urban police station for the offences punishable under Sec. 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) The petitioner/accused No.2 has contended that he is innocent of the offences alleged. He is not involved in any crime, even if the entire case of the prosecution is accepted at its face value, the same do not disclose the involvement of the petitioner/accused No.2. The offences alleged is not punishable with death or imprisonment for life. As per the material placed on record, the petitioner/accused No.2 do not even tried to escape from the spot. The ganja allegedly recovered from the accused persons is less than the commercial quantity. The petitioner was arrested on 9/6/2023 and since then, he is in judicial custody. He is a student. His custodial interrogation is no longer required and prays to allow the petition.

(3.) Learned HCGP submitted oral objections stating that on 9/6/2023, the Sub-Inspector of Crime Division, Sub-Urban police station, Hubballi has filed a complaint to the effect that he has received credible information regarding the sale of ganja and requested to take up action. Based on the same, the Sub-Inspector, Law and Order of Sub-Urban police station, Hubballi along with his staff, went to the spot and found accused Nos.1 and 2 engaged in selling ganja. They were apprehended and from their possession, incriminating articles including ganja were seized. Investigation is going on. If released on bail, the petitioner/accused No.2 may abscond and also involve in similar offences and prays to reject the petition.