CHANDRA KUMAR Vs. THE STATE BY DHARMASTHALA POLICE

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C., seeking their release on bail of the offences punishable under Sections 8(c) and 20(b) of the Narcotic Drugs and Psychotropic Substances Act , 1985, registered in respondent-Police Station

(2.) Brief facts as per the complaint averments is, the complainant received credible information that three persons were possessing ganja. Immediately, the complainant along with the staff and panch witnesses went to the said place. The accused persons were standing there in a suspicious manner appearing to be waiting for somebody. Then they were apprehended. When enquired, each one of them were having plastic bag containing ganja and when they were asked for personal search either before the Magistrate or before the Gazetted Officer, they told that the Gazetted Officer can conduct personal search and given it in writing. Accordingly, search was conducted and it is also mentioned in the complaint that the total quantity of ganja possessed by the accused was weighing 20.135 kilograms. In the presence of panch witnesses, panchnama was drawn and ganja was seized. After coming to the police station case was registered.

(3.) Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 and 2 and also the learned High Court Government Pleader appearing for the respondent-State.