SUNIL KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two petitions are filed by Accused Nos. 7 and 8 under Sec. 439 of Cr.P.C. for enlarging them on bail in Crime No.72/2023 of Davangere CEN Police Station, registered for the offences punishable under Ss. 8(c) 21(c), 27(a) and 22 of NDPS Act, 1985 and Ss. 9 , 39, 44, 49B and 51 of Wild Protection Act, 1972, pending before the Court of Principal District and Sessions Judge and Special Judge (NDPS) at Davangere.

(2.) The brief factual matrix leading to the case are that, on 5/11/2023 at 4.00 p.m., the Police Inspector of CEN Police Station has received a credible information to the effect that, in Sri. Mallikarjunappa Badavane, Davangere on NH-48 service road, some persons were in illegal possession of MDMA drug and they are also consuming the MDMA and dealing with it in a public place situated near Mayur Global School. Then the said Police Inspector has informed the matter to the Superintendent of Police of Davangere District and after obtaining his permission, he secured two panchas and formed a raiding party and then by 4.40 p.m., they went to the spot, and when they reached the spot, 5 persons were found near a Car bearing No.KA.17/P.9807 and their movements were suspicious. By seeing the complainant and other police officials, they attempted to run away, but they were apprehended. On verification, about 22.64 grams of MDMA was found in their possession and they confessed regarding purchasing, consuming and also disposing of MDMA. A mahazar was also drawn and along with accused, they returned to the police station and lodged FIR. It is further alleged that, subsequently Accused No.6- Ram Rathan was apprehended and on the basis of information provided by him, a raid was conducted on the house of Accused No.7, situated in Basaveshwara Layout, Bengaluru on 3/12/2023 and there, they found 27 grams of MDMA, which was seized and ie., the petitioner-Ashok Kumar (A8) was also present there. A detailed mahazar was drawn and then the petitioners were apprehended. Subsequently, they have also confessed regarding consuming MDMA and further in the said house, 06 Nails of Tiger were also traced and PF was submitted to the Court in this regard. The petitioners were produced before the learned Special Judge and they were remanded to judicial custody. The petitioners have approached the learned Special Judge seeking regular bail and their prayer came to be rejected by the learned Special Judge, and hence they are before this Court.

(3.) Heard the learned counsel for the petitioners/Accused Nos. 7 and 8 and the learned HCGP for the Respondent-Lokayukta. Perused the records.