SUNIL Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.6 under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (for short, ' Cr.P.C .') praying to set aside the order dtd. 11/4/2023 passed by the Principal District and Sessions Judge, Bidar, in Special Case (NDPS) No.8 of 2022 dismissing the application filed by the petitioner under Sec. 227 of the Cr.P.C. to discharge the charges leveled against him for the offences punishable under Ss. 20(B)(ii)(c) and 24 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, 'the Act').

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

(3.) The case of the prosecution is that on 8/8/2021 at 8:30 a.m., the Deputy Superintendent of Police, Bhalki, received credible information about illegal transportation of ganja in a tempo, bearing Registration No.TS-12 UD-1094, from Kandgol towards Wadgaon Road in Aurad Taluk. Hence, the complainant visited the respondent- Santhapur Police Station and secured Photographer, electronic machine and also secured panchas and his sub- staff for raid. It is alleged that at about 12:57 P.M., he along with his staff conducted a raid on Kandgol-Wadgaon Road near Shiv-Parvati Function Hall by intercepting the said tempo. In all, four persons were arrested and 274 packets of ganja weighing 592 kgs. were seized under panchanama. During the course of investigation, the petitioner is arraigned as accused No.6. Investigation Officer, after conducting investigation, submitted charge- sheet to the Special Court and the Special Court, after receipt of charge-sheet, issued process to the petitioner. At this juncture, the petitioner filed an application under Sec. 227 of the Cr.P.C. for discharging him for the aforesaid offences and the trial Court dismissed the application on 11/4/2023.