VIGHNA RAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 in Crime No.195/2023 registered by the Shivamogga Rural Police Station, for the offence punishable under Ss. 20(a), 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ' NDPS Act ') is before this Court seeking regular bail.

(2.) Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.

(3.) On the basis of complaint lodged by Sub Inspector of Police, Shivamogga Police had registered FIR in Crime No.195/2023 against the petitioner and 2 others. In the complaint it is averred that when the complainant was on patrolling duty on 23/6/2023 at about 11.15 p.m, he received a credible information that a person was selling Ganja to public in the house situated near Subbaiah Medical College, Shivaganga layout. After complying the requirements under Sec. 42 of the NDPS Act, the complainant along with the staff raided the aforesaid house at about 6.40 p.m, and noticed two persons entering the house. Raiding team followed them and apprehended three persons, who were inside the house. The persons, who had entered the house informed that they had come to the house to purchase ganja from accused No.1/petitioner herein. From the possession of accused No.1 cash of Rs.19,000.00, 210 grams of dry ganja and 10 grams of charas and 4 ganja plants which were found inside his house were seized and from the possession of other two persons 10 and 7 grams of dry ganja was seized respectively. The seized contraband articles were subjected to mahazar and thereafter seized articles were produced before the Police Station. On the basis of complaint lodged, FIR was registered in Crime No.195/2023 against the petitioner herein and two others. The bail application under Sec. 439 of Cr.P.C, filed by the petitioner before the Principal District & Sessions Judge, Shivamogga in Crl.Misc.No.689/2023 was dismissed on 10/7/2023. It is under these circumstances, the petitioner is before this court.