NEMAPPA S/O CHANDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused has filed the petition under Sec. 439 of Code of Criminal Procedure to enlarge him on regular bail in Crime No.39/2022-23/2706SIE1/270606 of Raichur Sub Division, Lingasugur Excise Range, registered for the offence punishable under Sec. 20(b)(ii)(B), 20(a), 25, 8(b) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act).

(2.) Brief facts of the prosecution case as per FIR are as under;

(3.) The learned counsel for petitioner submits that the petitioner is innocent and he has not committed any crime. He has been falsely implicated in this case. The police have not visited the land or seized any wet ganja trees from the possession of the petitioner. The alleged recovery made by the Investigating Officer in the land is dry land as per the panchanama is false. It is denied that 7 kg. 225 grams of ganja have been seized which is not a commercial quantity. He has been falsely implicated in this case. In collision with the local police a false case has been registered against the present petitioner. The story of the prosecution case is of serious doubt. If the seizure is contraband if proved even for the sake of argument, there is no truth in the case of the prosecution. The mandatory provisions of Sec. 42 to 50 of the NDPS Act have not been properly followed by the Investigating Officer. The benefit has to given to the present petitioner as the petitioner is aged 60 years being coming under the provision to Sec. 437 of Cr.P.C. He is ready to obey the conditions imposed by this court. Therefore, amongst other grounds, it is prayed to grant him bail.