MOHAMMED FUZAIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by the petitioner -accused No. 2 under Section 439 of Cr. P.C. seeking his release on bail for the offence punishable under Section 22(C) of Narcotic Drugs & Psychotropic Substance Act 1985 registered by the respondent -police in Crime No. 493/2013.

(2.) THE brief facts of the prosecution case is that on 11 -08 -2013 in the evening at about 6 '0' clock the complainant -Prashanth M.M., Police Inspector, Women & Narcotic Squad, CCB, NT Pet, Bangalore City received a credibly information from the informant that two unknown persons in a two wheeler vehicle were selling LSD blotter papers to the youths near Srinidhi Auto Service Centre, Bilekalli, B.G. Road and told if they come along with him, he will show the said persons. On receipt of the information, the complainant secured panchas and went to the spot and attacked LSD blotter papers, cash of Rs. 1,000/ -, two mobile phones and vehicle and brought them to the police station and registered the case.

(3.) LEARNED counsel for the petitioner during the course of his argument submitted that there is a delay in lodging the complaint and in the seizure mahazar as well as in the complaint it is not mentioned specifically how many blotter papers seized from each of the accused. Learned counsel submitted that the seizure was not effected in the presence of the Gazetted Officer and it was effected in the presence of the Police Officer and further made the submission that the seizure of the said blotter papers as well as mobile phones, cash, vehicle, everything is completed and petitioner's custody is not required and further made the submission that accused No. 1 has already been granted bail by the order of this Court. Hence, submitted to allow the petition.