CANON AUDLEY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.251/2019, Criminal Petition No.218/2019 and Criminal Petition No.9744/2018 have been preferred by accused Nos.2, 1 and 3 under Section 439 of Cr.P.C. to release them on bail in Crime No.396/2018 of Koramangala Police Station for the offences punishable under Sections 21 , 22 of NDPS Act; Section 14 of the Foreigners Act and Sections 465 , 466 , 468 , 471 , 474 of IPC.

(2.) I have heard the learned counsel for the petitioners and the learned HCGP for the respondent- State.

(3.) The brief facts of the case are that on 2.12.2018 at about 12.40 p.m. a credible information has been received by the police about selling of drugs by two Africans along with one more person. Thereafter at about 3.00 p.m., police came near BBMP Ambedkar Park at Koramangala, where they secured two panch witnesses and at that time three suspected persons got down from the autorickshaw and proceeded towards the park. Immediately, the police officials surrounded and apprehended those three persons and on enquiry they gave their address and names. On conducting personal search with John Kennedy, they found 7.59 grams of MDMA pills, a mobile phone, cash of Rs.2,700/- and a copy of passport. On personal search of another person by name Canon Audley they found 12 grams of MDMA crystals, cash of Rs.1,800/-, a copy of the passport and with the third person by name Aditya, on search they found 2 grams of MDMA crystals, cash of Rs.720/- and a mobile phone. The said articles were seized by drawing a mahazar and submitted a report. On the basis of the report, a case was registered in Crime No.396/2018.