ILLYAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the petitioner in criminal petition No. 1030 of 1993 is a-3 in crime No. 153 of 1993. The petitioner in criminal petition No. 1126 of 1993 is a-4 in the said crime. The petitioners hereinafter referred to as accused 3 and 4.

(2.) the petitioners have filed these petitions to release them on bail pending disposal of their case. The petitioners found to be in possession of brown sugar which attracts restrictions under the narcotic drugs and psychotropic substances Act, 1985 (in short 'n.d.p.s.' act). The case registered against the petitioners is punishable under Section 22 of the n.d.p.s. act.

(3.) before deciding the above petitions, a short narration off acts leading to the arrest of the petitioners are necessary and they are as follows: on 13-5-1993 at about 11 a.m. on some credible information, surendra naik, c.p.i, of madiwal sub-division accompanied by m.m. marihal, a.c.p., ulsoor gate police station and ramalingam, p.s.i, of adugodi police station came near the mico factory circle and arrested two persons by name m. Suhail and shakil ahmed, who are the original residents of Delhi and seized about 2 kgs. And 300 gms. Of brown sugar found in their possession valued at Rs. 10 lakhs. They were taken to adugodi police station and a case was registered in crime No. 153 of 1993 for an offence punishable under Section 22 of n.d.p.s. act.