BABU @ PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail, to direct the respondent Police to release the petitioner on bail in the event of his arrest, of the alleged offences under Sections 8(b) and 8(c) punishable under Sections 20 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered in respondent Police Station Crime No. 11/2016-17.

(2.) Brief facts of the prosecution case are that on 19.01.2017, during the night at 11.30 p.m., on the basis of the credible information and on the directions of the higher officers, complainant and her staff, in front of Gram Panchayat Office at Yamanur village, checked the Tata Ace vehicle belonging to the petitioner bearing registration No. KA. 25/D.4046 and traced a black colour bag containing Ganja. On further verification the said bag contained four bags and in the three bags there was ganja weighing 2 kgs. each and in another bag there was ganja of one kg. Thus, the raiding party seized, in all, seven kgs. of ganja from the vehicle of the petitioner/accused. It is further alleged that, at the time of the raid, petitioner managed to escape and the material was seized under the Mahazar and 50 gms. of sample was taken from each of the four bags and was sent to FSL for examination. On the basis of the said complaint, a case came to be registered against the petitioner for the said offences.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned HCGP appearing for the respondent-State.