SHARATH KUMAR T. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petition is filed by petitioner -accused No.2 praying to quash the order dtd. 8/9/2023 passed by the learned Senior Civil Judge and JMFC, Hagaribommanahalli in C.C.No.373/2023 taking cognizance against this petitioner for offence punishable under Sec. 20(b)(ii)(A) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (hereinafter referred as 'NDPS Act' for brevity) with respect to petitioner - accused No.2.

(2.) Heard learned counsel for the petitioner - accused No.2 and learned AGA for the respondent-State.

(3.) The CPI, Hagaribommanahalli Police Station filed a complaint with the P.S.I stating that an unknown person engaged in selling Ganja in front of the K. Papuswamy Government P.U College, H.B Halli Town daily at around 7 p.m. to 8 p.m. The P.S.I has received the complaint and obtained permission of the learned Magistrate and registered FIR No.52/2023 against unknown persons. Thereafter the Police Officials went to the alleged place at about 6.45p.m. and found that accused No.1 was standing by the side of public road near the college with a bag in his hand and accused No.2 who is petitioner herein approached and talking with accused No.1. The Police Officials immediately apprehended both persons and seized a bag containing Ganja about 150grams along with some amount from accused No.1 and an amount of Rs.100.00 was seized from pocket of the petitioner -accused No.2. Police after investigation have filed charge sheet against petitioner -accused No.2 and accused No.1 for offence punishable under Sec. 20 (b) (ii) (A) of the NDPS Act. Pursuant to the charge sheet, learned Magistrate has taken cognizance for offence punishable under Sec. 20(b)(ii)(A) of the NDPS Act against the petitioner -accused No.2 and accused No.1 by order dtd. 8/9/2023. The said order has been challenged by the petitioner -accused No.2 in this petition.