N. Y. HANUMANTHAPPA, J.

( 1 ) THIS is a petition filed under Section 439 of the Code of Criminal Procedure. The offences alleged are punishable under Ss. 17, 18, 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as the Act) read with Section 34 of Karnataka Excise Act. Similar petition was filed before the Principal Sessions Judge (Special Judge), Dharwad in Crime No. 75/91. The said petition was opposed by the State. Learned Sessions Judge by an order dated 12-8-91 rejected the said petition.

( 2 ) THE case of the prosecution is that on an information received by the P. S. I. Ganthikeri Police Station of Hubli at about 10 p. m. on 31-7-199l to the effect accused - petitioners herein, who are residents of Aralikatti Oni of Hubli coming within the limits of Ganthikeri Police Station are engaged in the Narcotic trade and have huge stock of Ganja in their residence, he along with panchas raided the house of the petitioners. On a tharough search of the premises, detected 2 gunny bags containing ganja weighing 50 Kgs each valued at Rs. 15,000/- each. When the petitioners were interrogated to produce a valid permit or licence for possession of t

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