(1.) This criminal petition is filed by the petitioner under Section 439 of the Code of Criminal Procedure in connection with Crime No.5/2019 of Old Hubballi P.S. relating to Spl. NDPS. C.C. No.7/2019 for offences punishable under Sections 20(b) and (C) of the NDPS Act. Since from the date of arrest, the petitioner is in judicial custody. Therefore, the learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail among the grounds urged therein.
(2.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State.
(3.) The factual matrix of the case are that on 16.01.2019, the Police Inspector of CCB, Hubballi- Dharwad received credible information at about 6:00 a.m. stating that some persons were in possession of contraband Ganza near VRL Office. Immediately, he secured the permission of the higher authorities and went along with his staff and raiding party, wherein he saw five persons. Immediately, they have been apprehended and made a personal search and from the possession of accused No.4, they seized 13 kgs and 476 gms of contraband Ganza. Accordingly, on filing of the complaint, a case came to be registered for the aforesaid offences and the FIR was recorded by the respondent-Police.