HARISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is arrayed as A4, as could be seen from the FIR in Crime No.56/2016 registered for the offence under Section 21(c) of the NDPS Act. 2. The allegations is that on 14.2.2016 on credible information the complainant has intercepted accused 1 to 9 and had seized 750 gms of heroin worth Rs.23,00,000/ -. Considering the entire material on record this Court in Criminal Petition Nos.1560/2016 and 2106/2016 vide order dated 10.5.2016 enlarged A8 and A9 on bail on the ground that from them no incriminating articles have been seized and specifically mentioning that it was seized only from A1 i.e. 750 gms of heroin. Relying upon the said order, this Court has also released some other accused persons from whom no incriminating articles under the NDPS Act has been recovered.

(2.) So far as this petitioner is concerned, according to the complainant in the mahazar drawn on the particular day, an amount of Rs.50/ - and one mobile has been seized from his custody. Except that even on his personal search, the petitioner did not possess any drug or psychotropic substance. In the above said circumstance, the same benefit which was extended to the other accused persons, who stand on the same footing as that of the petitioner herein, has to be extended to this petitioner also.

(3.) Hence, the following :