SAEIDI MOZDHDEH EHSAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is the accused in crime No. 371/2012 registered in Sanjaynagar Police Station, Bangalore city, for the offences punishable under Section 17, 21, 20(B)(ii) of NDPS Act and Section 14(a) of the Foreigners Act. On credible information received, the respondent police raided the premises of the petitioner on 17.10.2012 and in the search they found 7 grams of Cocaine in the pant pocket of the petitioner, in a rexine bag 65 grams of Magic Mushroom, 110 grams of Opium, 90 grams of Charas, 3 KGs of Ganja, 15 Ecstasy Sample tablets and they were seized under a mahazar. The petitioner was arrested. The matter is under investigation.

(2.) According to the petitioner the respondent police ought to have completed the investigation and filed the charge sheet within 60 days. Since the respondent police failed to file the charge sheet within 60 days the petitioner filed an application under Section 167(2) Cr.P.C. for statutory bail before the XXXIII Additional City Civil and Sessions Judge, (NDPS), Bangalore. Vide order dated 28.12.2012 the Sessions Judge, in crime No. 371/2012, rejected the bail petition filed by the petitioner. Therefore the petitioner is before this Court under Section 439 Cr.P.C.

(3.) Heard arguments on both the side and perused the entire petition papers.