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2022 Supreme(Kar) 18

H.P.SANDESH
Joswin Lobo, S/o John Lobo – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI HASHMATH PASHA, SENIOR COUNSEL FOR SRI NASIR ALI, ADVOCATE)
For the Respondent: SRI KRISHNA KUMAR K.K., HCGP

ORDER :

This petition is filed under Section 439 of Cr.P.C seeking regular bail in favour of the petitioner in Cr.No.224/2021 for the offences punishable under Sections 8(c), 20(ii)(b), 21(c), 22(c), 23(c), 27(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The factual matrix of the case is that on receipt of credible information at 1.00 p.m, that the five persons who were indulged in trafficking the narcotic drugs i.e., Ecstasy pills, Ashes and LSD Strips to the college students, ITBT employees in order to destroy the social heal of the society, hence, on 22.06.2021 at about 2.45 p.m., the complainant – R.Virupakshaswamy along with staff and panchas went and apprehended the accused persons in the room and after apprehending them, secured the Assistant Commissioner of Police at 3.45 p.m. and subjected them for personal search and drawn the panchanama from 3.00 p.m. to 7.00 p.m. Each MDM ecatasy pill cost around Rs.4,000/-to Rs.5,000/-, one LSD strip will cost around Rs.4,000/-to Rs.5,000/-and ganja for 100 grms will cost around Rs.5,000/-.

3. The learned counsel for the petitioner vehemently contend that the search and seizure is not done before t

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