KUNJA MUSA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused No.1 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.316 of 2022 of Madanayakanahally Police Station, pending on the file of the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bengaluru, registered for the offence punishable under Sec. 20(B) of Narcotic Drugs and Psychotropic Substances Act , 1985 (for short ' NDPS Act '), on the basis of the first information lodged by the informant B S Manjunatha.

(2.) Heard Sri Hashmath Pasha, learned senior advocate for Sri N A Kariappa, learned counsel for the petitioner and Sri H S Shankar, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

(3.) Learned senior advocate for the petitioner submitted that the petitioner is arrayed as accused No.1. He has not committed any offence as alleged. He has been falsely implicated in the matter without any basis. Petitioner is a student pursuing his studies. He was taken to custody on 29/6/2022 and was illegally detained by the Investigating Officer. It is alleged that 50 grams of MDMA was recovered from his possession. At the time of inventory, 26 grams were collected as sample. The FSL report produced along with charge sheet discloses that Article No.4 which is the sample collected from the substance said to have been recovered from the petitioner tested Negative for the presence of Methamphetamine and responded Positive for 2-aminopyrdine.