GOUTAM Vs. GANAPATI PAWAR

JUDGEMENT

(1.) I have heard the learned counsel appearing for the petitioner and the learned Government Pleader for the respondent-state.

(2.) The factual matrix of the case is that on 04.09.2018 at about 9.15 a.m the complainant has the credible information that near Atoouginal- Bombadikoppa Cross some people are making efforts to sell the ganja and immediately he sought the permission from Dy. Superintendent of Police Sirsi and after obtaining the permission along with his staff went to the spot at around 11.35 a.m., and found three persons were exchanging the hand bags. Immediately, they surrounded all of them and this petitioner leaving his scooty at the spot by throwing the hand bag which was in his hand and ran away from the spot. On enquiry came to the know that this petitioner is indulged in selling the ganga and they thrown the bag containing 310 gms. Hence, the case has been registered against this petitioner as well as other two petitioners who were apprehended at the spot and conducted the mahazar.

(3.) The contention of the petitioner in the bail petition is that he is innocent and he has not committed any offence as alleged in the complaint and the very registration of the case is erroneous. The other contention is that the Court below has failed to consider the fact that the quantity of the alleged recovery thrown in the bag is 310 gms and the same is not commercial quantity. The Court below ought to have considered and the same has not been considered. The other contention is that the allegation against this petitioner that he ran away from the spot after looking the police and if he was really present there he would have ran away from the scene on his scooty itself and he never leave his scooty there by leaving evidence and this aspect of the matter goes to show that respondent police have foisted a false case against the petitioner. Hence, prayed this Court to enlarge him on bail.