SRI BHIMANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., seeking regular bail in Crime No."78/2017 of Horti Police Station, registered for the offences punishable under Sections 18 R/w Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act' for short).

(2.) Brief facts leading to filing of the complaint are that, on 11.04.2017 at about 2.00 p.m., the respondent-police received a credible information that the accused had illegally stored the Ganja for the purpose of sale in his land. Immediately by following the procedure, he went near the spot and there he saw a person sitting beneath the Mango Tree in front of a house and on enquiry he took out paper packets from a plastic cover and also a smoking pipe and chits packed with dry leaves powder and seeds and they smelt the same and noticed that it was Ganja and the said person told his name and on enquiry he took the complainant towards the haystack and produced two plastic covers which were hidden in front of the house of the accused and on enquiry he disclosed that he used to take the Ganja in the vehicle for selling the same. The said ganja has been seized by following the procedure and a case has been registered against the accused.

(3.) I have heard the learned counsel for the petitioner and the Additional State Public Prosecutor appearing for respondent-State.