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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF JUNE, 2021

BEFORE:

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.3718 OF 2021

BETWEEN:

ANWAR SADAR

@ ANWAR HUSSAIN

S/O. LATE AMEED @ HAMMABBA

AGED ABOUT 36 YEARS

R/AT C/O. SHAHANAJ HOUSE

NEAR KADALA THEERA

AND ALSO COASTAL YARD

ULLAS NAGAR, KOTEPURA

ULLAL POST,

DHAKSHINA KANNADA DISTRICT

PIN 3 575 001.

... PETITIONER

[BY SRI. JAGADEESHA H., ADVOCATE]

AND:

THE STATE OF KARNATAKA BY

VIDYARANYAPURA POLICE STATION

BANGALORE

REP. BY STATE PUBLIC PROSECUTOR

HIGH COURT COMPLEX,

BANGALORE-01.

... RESPONDENT

[BY SRI. H.R. SHOWRI, HCGP]

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME

NO.34/2021 OF VIDYARANYAPURA P.S., BANGALORE FOR THE

OFFENCE P/U/S 8(C) AND 20(C) OF NDPS ACT.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH

VIDEO CONFERENCE, THIS DAY THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed under Section 439 of Cr.P.C. by

petitioner/accused No.5 praying to enlarge him on bail in Crime

No.34/2021

of

Vidyaranyapura

Police

Station,

Bengaluru,

registered for offence punishable under Sections 8(c) and 20(C)

of NDPS Act.

2.

Heard the learned counsel for petitioner, learned

HCGP for respondent-State and perused the material on record.

3.

It is the case of prosecution that on 11.02.2021, at

about 6.00 a.m., on receiving a credible information regarding

possession of drugs and drug trafficking, the Police Inspector,

CCB Wing and his staff along with panch witnesses went to Room

No.3 situated on the 3^rd floor of SLV Lodge and apprehended six

persons and seized 4 kgs of charas, mobile phones etc., from

their possession. It is alleged that accused No.1 was procuring

charas from Nepal and thereafter selling it to college students

and other persons.

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4.

Learned counsel for the petitioner has contended that

the petitioner is innocent and he has been implicated in a false

case. He submits that there is no contraband seized from the

exclusive possession of the petitioner. He submits that there are

no criminal antecedents against the petitioner. He further

submits that the petitioner is in judicial custody since

11.02.2021. He is ready and willing to abide by the conditions.

He further contends that Sections 8(C) and 20(C) of NDPS Act

invoked in this case are not applicable to the case of the

petitioner as there is no drugs seized from his possession.

Accordingly, seeks to allow the petition.

5.

Learned HCGP has opposed grant of bail contending

that all the accused persons were apprehended from room No.3

of SLV Hotel and therefore, even if no contraband has been

seized from the exclusive possession of the petitioner, he had

the knowledge that the other accused from whose possession the

charas was seized, were in possession of the same. He contends

that the petitioners are involved in drug trafficking and in view of

the nature of the offence committed, the petitioner is not entitled

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for the relief he has sought for. Accordingly, seeks to reject the

petition.

6.

It is the case of prosecution that the complainant

i.e., the Police Inspector of CCB Wing on 11.02.2021 at about

6.00 a.m., received a credible information that accused No.1 was

procuring drugs from Nepal and selling it to students and other

persons and further that he is getting 4 kgs of charas from two

Nepali women. On receiving the said information, he along with

his staff and panch witnesses went to room No.3 of SLV hotel

and apprehended six persons including the petitioner herein. As

per the mahazar, charas weighing 2 kgs each from accused

Nos.3 and 4 were seized. The same was concealed in packets of

100 grams each. In so far as the present petitioner is concerned,

it is seen that a Samsung mobile phone was seized from his

possession. The prosecution has alleged that there are severa