LAWS(KAR)-2016-11-149

SHABHODDIN, S/O SYED WALI Vs. THE STATE OF KARNATAKA THROUGH GANDHI GUNJ POLICE STATION AND ADDL. STATE PUBLIC PROSECUTOR HIGH COURT, KALABURAGI BENCH

Decided On November 03, 2016
Shabhoddin, S/O Syed Wali Appellant
V/S
The State Of Karnataka Through Gandhi Gunj Police Station And Addl. State Public Prosecutor High Court, Kalaburagi Bench Respondents

JUDGEMENT

(1.) Accused Nos. 3 and 4 in Crime No. 118/2016 registered with Gandhi Gunj police, Bidar have come up in this petition seeking their enlargement on bail.

(2.) The documents appended to this petition would indicate that complaint is registered on 23.08.2016 at about 6.00 p.m. by the Police Sub-inspector of Gandhi Gunj police station against four accused persons for the offence punishable under Section 328 of I.P.C., Section 20-B of N.D.P.S. Act, 1985 and Section 27 of Drugs and Cosmetics Act, 1940. FIR registered in Crime No. 118/2016 would disclose that Gandhi Gunj police on credible information laid track to apprehend accused Nos. 1 to 4 in the said complaint, which was filed to the effect that psychotropic drugs were being transported to a place at Irani Galli at Bidar-Chidri in a Mahindra Wagan Car bearing No. AP-09/BK- 1947.

(3.) It is stated that on the very same day i.e. on 23.08.2016 at about 6.00 p.m. accused Nos. 1 to 4 in the said complaint came to that place in the said car along with 8,796 of Spasmo Proxyvon Plus tablets and Nitravet-10 tablet, 302 Corex Syrup bottles and 20 kg ganja was seized from the said vehicle in which accused Nos. 1 to 4 were travelling. It is stated that since from 23.08.2016 accused Nos. 1 to 4 are in custody. In the mean while, Criminal Misc.No.788/2016 was filed by petitioners herein before the Sessions Court, Bidar seeking their enlargement on bail on the premise that they are totally innocent of the offence alleged against them. Except they were in the vehicle, they had nothing else to do with the seized psychotropic drugs and there are no accusations or allegations to connect them directly to the offence alleged in the said crime.