BABURAO Vs. STATE OF KARNATAKA

JUDGEMENT

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

(2.) The petitioner has filed this petition under Sec. 439 of Cr.P.C. praying to grant bail in connection with Crime No.67/2023 of Kamalanagar police station, Bidar district, for the offence punishable under Sec. 20(b)(ii)(c) of Narcotics Drugs and Psychotropic Substances Act, 1985 (for short ' NDPS Act ').

(3.) The brief facts of the prosecution case are that, on 7/7/2023, at about 10.45 a.m., the complainant received a credible information about selling of ganja, hence, the complainant secured the Tahsildar, two independent panchas and his sub staff and conducted raid on the petitioner, who was selling ganja under a tree near HP Halse petrol bunk on Kamalanagar road of Maharashtra border. On seeing the bag of petitioner, it contained 350 grams of ganja and on enquiry, he laid the raiding party to his house, where, he stocked 20 kgs. of ganja in gunny bags. Thus, the raiding party took sample from the hand bag of petitioner and also from the gunny bags shown by the petitioner and lodged a complaint. On the basis of said complaint, the SHO of Kamalanagar police station registered a case for the aforesaid offence and later, the petitioner has been remanded to judicial custody.