SOUSTAV BOSE Vs. STATE BY BANASHANKARI P S

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned SPP-II for the State. Perused the records.

(2.) The petitioner is arrayed as accused No.2 in Spl.CC No.130/2005 which was disposed of on 19.9.2014 by XXXIII Additional City Civil and Sessions Case and Special Judge (NDPS), Bengaluru. The petitioner was not available, therefore, he was split up from the case and subsequently it appears, a fresh case has been registered against him in Spl.CC 160/2014 arising out of Crime No.722/2003 of Banashakari Police. The other accused persons i.e. accused No.3 Kishan Singh Rathor was tried by the Court and he was acquitted for the offences under Sections 20(c) and 22 of N.D.P.S. Act.

(3.) The petitioner claimed that the allegations made by the police in the charge sheet and also the evidence led against accused No.2 are all one and the same and they are indivisible and inseparable in nature. Therefore, one of the accused (accused No.3) has already been acquitted, the same benefit has to be extended to the petitioner also who was not available for the trial and due to split up order a separate case has been registered as noted above.