SAYYED GOUSE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Government Pleader.

(2.) The case of the prosecution is that the petitioner along with another accused who got down from the passenger train from Mangalore, on seeing the Respondent Police officers started running away and they were chased and caught by the Respondent Police. On search, the petitioner was found to possess 01 kg 100 grams and 1 kg 50 grams of Ganja.

(3.) The learned counsel for the petitioner draws the attention of this Court to the mahazar, which describes that the materials seized and said to weigh about 1.100 Kg., includes seeds, stem, branch, etc., and he would submit that the actual quantity in possession of the petitioner if segregated would weigh much lesser than the smaller quantity as notified in the Table at Sl.No.55 of the N.D.P.S. Act. In view of the above, learned counsel for the petitioner would submit that the arrest and detention of the petitioner is not required in law.