- 1 -

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 22^ND DAY OF MARCH 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.100417/2021

BETWEEN:

SHRI.HUSAINSAB @ IMRAN

S/O HASANSAB SHAIKH,

AGE: 24 YEARS, OCC: COOLIE,

R/O: PATEL NAGARA, DANDELI,

UTTARKANNADA-581325.

...PETITIONER

(BY SRI. VENKATESH M. KHARVI, ADV.)

AND:

THE STATE OF KARNATAKA,

BY DANDELI POLICE STATION,

REPRESENTED BY S.P.P.

HIGH COURT OF KARNATAKA,

DHARWAD-580008.

&..RESPONDENT

(BY SRI:RAMESH B.CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

438 OF CR.P.C., SEEKING TO ENLARGE THE ACCUSED ON

BAIL IN THE EVENT OF HIS ARREST IN RELATION TO

DANDELI TOWN POLICE STATION IN CRIME NO.82/2020

DATED 16.09.2020 FOR THE OFFENCES PUNISHABLE UNDER

SECTIONS 8C, 20(b)(ii)(A) OF NARCOTIC DRUGS AND

PSYCHOTROPIC SUBSTANCES ACT, 1985.

- 2 -

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

PASSED

THE

FOLLOWING:

ORDER

The petitioner-accused No.3 is before this Court seeking

grant of anticipatory bail in Crime No.82/2020 of Dandeli

Town Police Station, initially registered for the offences

punishable under Sections 8(c), 20(b)(ii)(A) of the Narcotic

Drugs and Psychotropic Substances Act, 1985 (hereinafter

referred to as 8the NDPS Act9 for the sake of brevity), on the

basis of first information lodged by the informant-Yallappa,

the PSI of Dandeli Town Police Station, against accused Nos.1

and 2.

2.

Brief facts of the case are that, the informant

stated that on 16.09.2020 at about 9.00 a.m., while he was

on duty at Dandeli Town Police Station, he received credible

information regarding illegal possession and transportation of

Ganja, without any pass or permit by two persons.

Immediately, he informed this fact to his Higher Officers and

as per their directions, he proceeded to the spot along with

his staff and two panchas. The informant reached near the

cross at Reserve Forest and from there, they proceeded by

- 3 -

walk inside the forest. They found accused Nos.1 and 2 each

with a bag. They were collecting money from 4 to 5 persons

and were giving them something. The informant with the help

of his staff, held raid in the presence of panchas. It is found

that accused Nos.1 and 2 were in possession of Ganja and

they were selling the same to the general public without

having any pass or permit. Accused Nos.1 and 2 were having

separate plastic bags. On search, it was found that accused

No.1 was possessing 854 grams of contraband worth

Rs.18,000/- and he was having cash of Rs.600/-. Similarly,

accused No.2 was in possession of 1088 grams of contraband

worth Rs.20,000/- and cash of Rs.900/-. All these materials

were seized at the spot and the seizure mahazar was drawn.

It is stated that other accused persons who were at the spot,

ran away from the scene of occurrence. Thus, accused Nos.1

and 2 have committed the offences punishable under Sections

8(c), 20(b)(ii)(A) of the NDPS Act. Therefore, the informant

requested the police to register the case and to initiate legal

action against the accused. Accordingly, the police registered

the case and took up investigation.

- 4 -

3.

Heard Sri.Venkatesh M.Kharvi, learned Counsel

for the petitioner and Sri.Ramesh B Chigari, learned High

Court Government Pleader for the respondent-State. Perused

the materials on record.

4.

Learned Counsel for the petitioner submitted that

the present petitioner is arraigned as accused No.3 on the

basis of so-called statement given by accused Nos.1 and 2.

The petitioner is not named in the FIR. Accused Nos.1 and 2

are already enlarged on bail. There is absolutely no material

to connect the present petitioner to the offences in question.

He is not required for custodial interrogation. He is the

permanent resident of the address mentioned in the cause

title to the petition. He is ready and willing to abide by any of

the conditions that would be imposed