BEN OKORO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 15(A), 21(B), 22(B), 22(C) of Narcotic Drugs and Psychotropic Substance Act (for short 'Act') registered in respondent police station Crime No.200/2017.

(2.) Brief facts of the prosecution case as per complaint averments that on 25.9.2017, the Police Inspector has deputed complainant, Abdul Hameed HC 8986, PC 12175 Vittala, PC 12182 Earesha to trace culprits in old pending cases. While making rounds in their station limit, the informant met and told that in Nagareshwara Nagenahalli in Ramegowda Layout in one house a person by name Ben Okoro, an African, is selling cocaine drug in small packets. Upon this information along with the informant all these three police men went to Ramegowda Layout, where one African was giving narcotic drugs packet and collecting money from customers. Then immediately returned to Police Station and complaint was lodged upon which FIR is registered in Crime No.200/2017 for the aforesaid offences and submitted FIR. Thereafter the ACP of Sampigehalli Sub-Division tookup further investigation and informed the same to DCP and also collected two panchas. Then the ACP along with his staff proceeded to said Ramegowda Layout at 8.55 p.m. to the premises which is located in Ramegowda Layout, the petitioner/accused was found and taken to custody and questioned him as to what he was possessing and it is alleged that he told, he was having cocaine.

(3.) The ACP has given option of search to the petitioner to get search before Gazetted Officer or Magistrate or he himself, the Gazzetted Officer can search his person for which he replied he can search regarding this a memorandum was prepared and served. It is further alleged that the person of petitioner was searched and from his pant packet 4 small packets of 1 gram each was found and another plastic cover containing 100 grams of power said to be cocaine. They also found one Nokia Mobile Phone, 4 currency notes of Rupees two thousand and 4 currency notes of Rupees five hundred.