NOBLE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Section 22(b) of Narcotic Drugs and Psychotropic Substances Act (for short 'the NDPS Act ') registered in respondent Police Station Crime No.8/2018.

(2.) The prosecution case in brief On 10.01.2018 at 10.00 am. the information alleged to have been received by Inspector of Police, CCB, about the selling of drugs by one black complexion African person, who used to come in white colour two wheeler bearing KA-03 HN-4110 near BBMP office, Honi main road, Horamavu Agara Post, Bangalore. Upon this information the Inspector of police arranged a team and collected panchas, took permission from official superior and went to the above said place at 12.20 p.m. and the Inspector of Police noticed one person standing with two wheeler and on observation and after confirmation, they surrounded and apprehended him on the spot and on enquiry, he admitted about dealing of drugs. After confirming this, secured the presence of ACP of CCB police by name B.S. Mohan Kumar and after his arrival, said to have given option of search. Then he opted for search before gazetted officer and therefore, since, ACP was the gazetted officer conducted search. On conducting search of the petitioner, they said to have found 18 gms of MDMA, mobile phones, laptops, Rs.4000/- cash, back pack bag and one two wheeler, all the items were seized under mahazar and submitted report. On the basis of the said complaint, the case was registered by the respondent police.

(3.) I have heard the learned Counsel appearing for the petitioner-accused and the learned High Court Government Pleader appearing for the respondent-State.