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2021 Supreme(Kar) 56

H.P.SANDESH
Thippeswamy S/o Basappa – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. B.S. Umesh and Sri. R.B. Deshpande.
For the Respondents: Sri. Sheelavanth V.M. and Smt. Namitha Mahesh B.G.

ORDER :

1. Heard the learned counsel for the petitioner and also High Court Government Pleader appearing for the State.

2. The factual matrix of the case is that the complainant Mrs. Keerthana T.R. Excise Sub-Inspector-I, Molakalmuru Range registered a case on 13.12.2019 in FIR No. 14-2019-20/1409/SIE1/140909 against this petitioner for the offence punishable under Section 20(ii)(B), 25, 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). The allegation against this petitioner is that on 30.12.2019, as per the instructions of the Deputy Commissioner of Excise, the complainant along with staff based on the credible information, went near Tumakurlahally gate and at about 1.30 p.m. when the suspected vehicles were being checked, this petitioner came riding a motorcycle and on looking to the Excise officials, he became panic and after intercepting his vehicle and searching it, the ganja weighing 2 kgs. was found in the bag, which was being transported for its unauthorized and illegal sale. The vehicle and the narcotic drug were seized by drawing the panchanama and subjected the same for P.F. The case was registered and the police have also, after the

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