( 1 ) CRIMINAL Petition 959/92 is filed by the petitioners. who are accused in Crime No. 70/92 of Ashoknagar Police Station, Gulbarga and Criminal Petition 1064/92 is filed by the petitioner who is accused in Crime No. 84/92 of Madikeri Town Police Station. Both these petitions have been placed before this Bench for disposal as per the orders of the acting Chief Justice. Since both these petitions involve common questions of law, I have heard them together and I am passing a common order in them.

( 2 ) I have heard the learned counsel for the petitioners and the learned Govt. Pleader for the respondent and perused the records of the case.

( 3 ) IN Criminal Petition 959/92 the petitioners are the accused in Crime No. 70/92 of Ashoknagar Police Station which is registered for the offence punishable under Section 17 of the Narcotic Drugs Act on the allegation that on credible information the police went to the spot and found the petitioners transporting 40 Kgs. of ganja and they were caught red-handed at the Central Bus-stand, Gulbarga. The police have completed investigation of the case and they have filed charge-sheet against the petitioners for the offence punishabl