NIKHIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is arraigned as accused No.5 has filed this petition under Sec. 438 of Cr.P.C. to release him on bail in Special Case No.28/2023 for the offences punishable under Sec. 8C, 20(a) (ii) (B) of Narcotic Drugs Psychotropic Substances Act, 1985 (for short, ' NDPS Act '), contending that in the light of the allegations made in the complaint and the quantity of seized Ganja, the provision under Sec. 8C, 20(a) (ii) (B) of NDPS Act, are not attracted. The nature of the offences alleged are not serious enough to seek custodial interrogation. Already accused Nos.1 to 4 are granted regular bail and on the ground of parity, petitioner is seeking bail. The alleged offences are not punishable with death or imprisonment for life. Already investigation is completed and charge sheet is filed. The petitioner/accused No.5 is ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

(2.) Learned High Court Government Pleader submitted oral objections stating that on 30/7/2022 at about 8.30 a.m., the complainant received creditable information regarding transportation of Ganja in care bearing registration No.KA-68/M-2481. After informing the Additional Superintendent of Police, Karwar, and on receipt of necessary instructions, in the presence of Dy.S.P., Karwar and Tashildar along with two panchas, intercepted the vehicle near London Bridge of Karwar. In the said car, accused Nos.1 to 4 were found along with 1 K.G. 992 Grams of Ganja. The same was seized through mahazer. On the information furnished by the accused Nos.1 to 4, it was revealed that the Ganja was in question was supplied by the present petitioner who is arraigned as accused No.5. After completing the investigation, charge sheet is filed. There is prima facie material to proceed against petitioner/accused No.5. He is habitual offender involved in similar offences and prays to reject the petition.

(3.) Heard the arguments and perused the records.