NAGESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is the sole accused has filed this petition under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (439 of Cr.P.C.) to grant him regular bail in Crime No.129/2024 of respondent PS, for the offence punishable under Sec. 21(b) of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (for short 'NDPS Act').

(2.) In support of his petition, the petitioner has contended that he is innocent of the offence alleged and has been falsely implicated. He is arrested on 1/10/2024 and in judicial custody. The Heroin allegedly seized from his possession weighs 11.02 gms. Petitioner is not a habitual offender and no other cases are pending against him. The alleged offence is not punishable with death or imprisonment for life. He is permanent resident of the address given in the cause title. He is ready and willing to abide by any conditions that may be imposed and offer substantial sureties to the satisfaction of the trial Court and hence, the petition.

(3.) Learned HCGP representing the State submitted oral objections stating that complainant was working as Police Inspector in CCB under direct supervision of the Police Commissioner, Belagavi and Deputy Police Commissioner (Crime and Traffic). On 1/10/2024 at 5.00 p.m., he received credible information that at 8.00 p.m., a person is coming near APMC Market Yard in a white Hero Destiny scooter No.MH-07/AN-8953 for selling heroin. He is wearing a black and white checks shirt. Recorded the same in his diary and brought it to the notice of the Police Commissioner and Deputy Police Commissioner (Crime and Traffic). He also informed his staff. He also sent a request letter to the Deputy Police Commissioner seeking permission.