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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF SEPTEMBER, 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.5434/2021

C/W CRIMINAL PETITION NO.6186/2021

IN CRL.P No.5434/2021

BETWEEN :

Malang Pasha

S/o Shaksh wall

Aged about 30 years

R/at No.138

3rd Cross, 3rd Main

Near Shivsagar Hotel

Kamnahalli

Bangalore City - 560 084

And also:

R/at 6-4-114

GD Thota Timmapur Pet

Raichur

Raichur - 584 101

&Petitioner

(By Sri.Raja K.P., Advocate)

AND :

State of Karnataka

By Bagalur Police Station

Bangalore - 562 149

Represented by HCGP

Bengaluru - 560 001

& Respondent

(By Sri. K.S. Abhijith, Advocate)

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This Criminal Petition is filed under Section 439 of Cr.P.C

praying this Court to enlarge the petitioner on bail in

Cr.No.68/2021 of Bagalur P.S., Bengaluru City for the offences

P/U/S 8(c), 22(c) of NDPS Act and Section 14 of Foreigners Act.

IN CRL.P No.6186/2021

BETWEEN :

Jasir Thanicheri Kanday

S/o Umar M.P

Aged about 33 years

R/at No.36, Manjunatha House

2nd Floor, Krishna Layout

Kane Road, Kalkere

Bangalore - 560 083

Permanently residing at

Darul Earan, Poyanand

Mambaram PO, Thalassery

Kannur District

Kerala State - 67074

&Petitioner

(By Sri.Brijesh Rajput, Advocate)

AND :

State by Bagalur Police

Rep. by SPP

High Court Building

High Court of Karnataka

Bengaluru - 560 001

& Respondent

(By Sri.K.S. Abhijith, Advocate)

This Criminal Petition is filed under Section 439 of Cr.P.C

praying this Court to enlarge the petitioner on bail in

Cr.No.68/2021 of Bagalur P.S., Bengaluru City for the offences

P/U/S 8(c), 22(c) of NDPS Act and Section 14 of Foreigners Act.

These Criminal Petitions coming on for Orders this day,

the Court the following:-

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COMMON ORDER

The

petitioner-accused

No.3

in

Criminal

Petition

No.5434/2021

and

petitioner-accused

No.4

in

Criminal

petition No.6186/2021 are before this Court seeking grant of

grant of bail under Section 439 of Cr.P.C. in Crime

No.68/2021 of Bagalur Police Station, registered for the

offences punishable under Sections 8(c), 22(C) of Narcotic

Drugs and Psychotropic Substances Act, 1985 and Section 14

of Foreigners Act, on the basis of first information lodged by

the informant Ashok B.S.Police.

2.

Heard Sri.Raja K.P and Sri Brijesh Rajput, learned

counsel for the petitioners and Sri.K.S.Abhijith, learned High

Court Government Pleader for the respondent - State.

Perused the materials placed on record.

3.

Learned counsel for the petitioners submitted that

the petitioner in Criminal Petition No.5434/2021 is arrayed as

accused

No.3

and

the

petitioner

in

Criminal

Petition

No.6186/2021 is arrayed as accused No.4. Both these

petitioners were apprehended on 13.04.2021. It is stated that

credible information was received by the police regarding

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possession and sale of contraband and FIR was registered

against accused Nos.1 to 4. It is also stated that accused

Nos.1 to 4 were found in possession of 150 grams of MDMA

and 72 grams of ecstasy pills. Learned counsel submitted that

the statutory procedure as contemplated under law, for

seizure

of

the

contraband

are

not

followed

by

the

Investigating Officer. It is not mentioned as to what is the

quantity of the contraband seized from each of the accused

and whether the same was witnessed by the independent

panchas. The petitioners are detained in custody since

13.04.2021. They are not having any criminal antecedents

and there a