RACHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under section 439 of Crimial P.C. 1973 seeking his release on bail of the offences punishable under Sec. 20 (b) of Narcotic Drugs and Psychotropic Substances Act (for short 'the NDPS Act') registered in respondent Police Station Crime No.34/2018.

(2.) Brief facts of the prosecution case are that on 20.01.2018 at 130 p.m., the complainant received the credible information about selling of ganja by two persons and were coming in red colour Innova car near Gangasagar hotel, 80 feet road, 8th block, near Passport Office, Koramangala, Bangalore. Upon receipt of the said information, the Inspector of Police arranged a team, collected two panchas and took permission from higher authority for raid, went to the above said place at 00 p.m. and mounted surveillance over the area. At about 45 p.m., suspected car came there, two persons got down from the car and took bags in their hands and proceeded on the road. On observation and after confirmation, the police surrounded and apprehended the said persons on the spot, on enquiry, they revealed the names and address. On conducting search of the person accused No. 1-Rachappa, the petitioner herein, they said to have found 7kg of Ganja, driving license, mobile phone, cash of Rs. 3,600.00 and on conducting search of the person accused No.2 Srinivasa they said to have found 7 kg of Ganja, Aadaar card copy, mobile phones, cash of Rs. 2,700, car key and on search of the car dickey the said to have found cash of rupees five lakhs and two bags of ganja weighing 7 kg and 5 kg, weighing scale and innova car were seized. On the basis of the said complaint, the case was registered by the respondent police.

(3.) I have perused the averments made in the bail petition, FIR, complaint and the other materials on record.