SALAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in Spl. C. No.137/2020, arising out of Crime No.234/2018 registered by the respondent Bajpe police station, Dakshina Kannada District, now pending on the file of Principal District Judge, Dakshina Kannada, Manglauru for the offences punishable under Ss. 120B of IPC and 8(c), 20(b)(ii)(B) and 58(2) Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as ' NDPS Act ').

(2.) Heard the arguments of learned counsel for the petitioner and the learned SPP-II for respondents.

(3.) The case of the prosecution is that the respondent-Bajpe police received credible information on 13/8/2018 that in the shop of accused No.1-Mohd. Nayaz and accused No.2 Mohd. Riyaz (now they are arraigned as C.Ws.2 and 3), ganja is kept by them for the purpose of selling. Immediately, after obtaining permission, the respondent - ACP of Mangaluru, has raided the shop of C.Ws.2 and 3, and, on enquiring them, they have stated that they are not selling any ganja, but later, on search, they found ganja measuring 1 kg 140 gms. and the same was seized under panchanama and brought to the police station, registered FIR and during investigation. It was revealed that Abdul Nazeer-accused No.3, who is accused No.2 in the charge sheet and who is working in the shop of C.Ws.2 and 3, had kept the ganja in the shop. On enquiry, it was revealed that accused No.1 the present petitioner had conspired with accused No.2 in the charge sheet and this petitioner sent ganja through the said accused for keeping in the shop of C.Ws.2 and 3 and the same was seized by the police. After investigation, the police charge sheeted against the petitioner and another accused, which is under challenge.