ASHWAK ALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.2 in Crime No.411/2023 registered by K.R.Puram police station, Bengaluru City, for the offences punishable under Ss. 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS' Act for short), is before this Court under Sec. 439 of Cr.P.C.

(2.) Heard the learned counsel for the parties.

(3.) On the basis of the report dtd. 12/7/2023 submitted by C.A.Mahesh, Police Sub-Inspector, K.R.Puram Police Station, the officers of K.R.Puram police station had initially registered FIR in Crime No.411/2023 for the aforesaid offences against three unknown persons. The material on record would go to show that on the basis of the credible information received by the informant on 12/7/2023, after obtaining necessary permission from the higher officers to conduct the raid, the informant along with his staff and panchas had conducted raid on the alleged spot where the suspected were making attempt to sell the contraband article and had apprehended three persons from the spot. On enquiry they revealed their names as Riyas S/o Shahjahan, Ashwaak Ali S/o Mohammed Ali and Anand Raj S/o Somarajan. From the possession of accused No.1, 45 gms of contraband article MDMA was seized and from the possession of accused Nos.2 and 3, 35 gms and 40 gms of MDMA was seized respectively. The total weight of the seized contraband article was found to be 120 gms. The same was subjected to panchanama and the informant had brought the apprehended accused and seized contraband article to the police station and subsequently the accused persons were produced before the Court and remanded to judicial custody. The petitioner was produced before the Jurisdictional Court and remanded to the judicial custody along with accused Nos.1 and 3. Bail application filed by the petitioner before the trial Court in Crl.Misc.No.7405/2023 was rejected on 17/8/2023. Therefore, the petitioner is before this Court.