STATE OF KARNATAKA Vs. SALEEM

JUDGEMENT

(1.) The State is before this Court being aggrieved by the judgment and order of acquittal passed by the Principal Sessions Judge/Special Judge, Dakshina Kannada, Mangaluru, in Special Case No.72/2015, dated 28.7.2017, by which the accused-respondents herein were acquitted of the offences punishable under Section 8(c) r/w. Section 20(b)(ii)(B) of NDPS Act.

(2.) I have heard the learned HCGP for the appellant- State. Though the notice is served on respondent Nos.1 and 2, they have remained absent. Learned counsel for respondent Nos.3 and 4 is not present before the Court. There is no representation on behalf of them.

(3.) The case of the prosecution in brief is that PW.1 received a credible information about selling of ganja. Immediately he informed the higher officers and secured the panch witnesses and along with his staff he went near Shrinivas Institute of Technology College on 31.3.2015 at about 9.00 p.m., where they noticed two persons in an autorickshaw bearing Regn.No.KA-19- AA7382 selling ganja. After seeing the police officials the driver escaped from the spot. Accused No.1-Saleem was apprehended. He revealed the name of accused No.2- Jabbar. The police have also apprehended accused Nos.3 and 4 who were in Alto car bearing Regn.No.KA-19-MD- 3981. The police found that accused were in possession of small ganja packets. The said ganja was seized along with autorickshaw and car. They also seized cash of Rs.900/- and a LAVA mobile phone from accused No.1. Thereafter on the basis of the complaint, a case has been registered. After completion of investigation, the charge sheet has been filed. After filing of the charge sheet, the Special Court took cognizance, secured the presence of the accused and after following the procedure under Section 207 of Cr.P.C., after hearing the learned PP and the learned counsel for the accused, prepared the charge which was read over to the accused. The accused pleaded not guilty and claimed to be tried. As such the trial was fixed.