PARASHURAMA Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioners-accused Nos.1 and 2 under Section 439 of Cr.P.C. to enlarge them on bail in Crime No.47/2019 registered by the Tumkuru Rural Police Station for the offences punishable under Section 20(B)(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 25 of Arms Act, 1959.

(2.) The allegations against these petitioners- accused Nos.1 and 2 are that when the complainant- Police Inspector, on the credible information on 16.03.2019 at 8.00 p.m. went near Shree Siddartha Dental College and there he found Maruthi Van bearing Reg.No.KA-05-MS-4494, wherein petitioners-accused were sitting in the Maruthi van and when they inspected the Maruthi Van they found 115 grams of ganja which was in plastic cover and a foldable dagger inside the car. The same was seized by the Police Inspector in the presence of Panchas and petitioners were arrested and produced before the Court and remanded to Judicial Custody. Hence this petition.

(3.) Learned counsel for the petitioners submits that petitioners-accused Nos.1 and 2 are innocent of alleged offence and they were falsely implicated in the said case the mandatory Sections 42 and 50 of the NDPS, Act were not complied by the Police Inspector. Petitioners-accused Nos.1 and 2 were not brought before Gazetted Officer. Even otherwise, the quantity of ganja is only 115 grams which is smaller in quantity. The alleged offences are triable by Magistrate Court. In similar identical case, this Court granted bail in Crl.P.No.6754/2017 to the accused person where 60 Kgs of ganja was seized. Hence, he prays to allow the petition.