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K. NATARAJAN
Roshan Kumar Mishra S/o. Amarkumar Mishra – Appellant
Versus
State of Karnataka By Beguru Police Station, Represented By SPP – Respondent
ORDER :
This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. for granting regular bail in Crime No.143/2022 registered by Begur Police Station, Bengaluru for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State.
3. The case of the prosecution is that the suo motu complaint registered by the Begur Police alleging that on 31.05.2022, the complainant-Police Officer received a credible information that in the vacant space adjacent to the Q Grill Bar and Restaurant of Chikkabeguru, two persons were selling prohibited contraband ganja as well as Bhang and the informant also informed the complainant that the said two persons may arrive on the next day around the same time in the said spot. After receiving the information, the complainant obtained permission to conduct raid and they visited the spot along with his staff and panchas where the petitioner said to be in possession of ganja as well as Bhang. They seized 29 kgs of Bhang of different companies, 400 grams of g
Section 2(iii) of NDPS Act which reads as "cannabis (hemp)" means charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes....
The central legal point established in the judgment is the interpretation of the NDPS Act with regard to the inclusion of Bhang as a prohibited drug and the requirement for scientific evidence to det....
Bail granted due to custody and debatable nature of the contents of ganja.
Seeds and leaves without tops are not termed as Ganja.
The interpretation of the definition of 'Ganja' under the Narcotic Drugs and Psychotropic Substances Act and the relevance of confirmed recovered material are crucial in determining bail eligibility.
The main legal point established in the judgment is the interpretation of the definition of ganja under the NDPS Act and its application in determining the need for custodial interrogation and granti....
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