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V. SRISHANANDA
Shyamil Y. – Appellant
Versus
State By Karnataka – Respondent
JUDGMENT
V. Srishananda, J. - Heard Sri.Hasmath Pasha, learned Senior Counsel for petitioner and learned High Court Government Pleader for respondent-State and perused the records.
2. Petition is filed under Section 439 of Cr.P.C with the following prayer:
'WHEREFORE, the Petitioner (a-4) most humbly prays that this Hon'ble Court may be pleased to enlarge him on bail in Crime No.178/2021 of Madivala Police Station, Bangalore City, which is pending on the file of Hon'ble XXXIII additional City Civil and Sessions Judge and Special Judge for NDPS cases, Bangalore, for offences under Sections 8(c), 22(c), 20(ii)(B) of NDPS act, on such terms and conditions, in the ends of justice.'
3. Police Officer by name Sri.Deepak R., files a complaint with Madivala Police Station, which was registered in Crime No.178/2021 on 04.12.2021 for the offences punishable under Section 8(c), 22(c), 20(ii)(B) of NDPS act. along with the complaint, a mahazar is produced. In the mahazar, it is found that there was a credible information to the head of the raid party that some people are dealing with narcotic drugs in a house bearing No.5, 4th floor with name Varaha Nilaya, 6th Cross, 3rd Main, Venkatapura, Korama
The main legal point established in the judgment is that the court can grant bail under Section 439 of Cr.P.C without resorting to Section 37 of the NDPS act based on the interpretation of the seized....
The quantity of seized drugs and the absence of criminal antecedents are crucial factors in determining bail applications under the NDPS Act.
person Accused of offences under the NDPS Act should not be released on bail during trial unless the mandatory conditions provided in Section 37,
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....
The main legal point established in the judgment is that the quantity of the seized contraband and its classification as a commercial quantity under the NDPS Act influenced the court's decision in gr....
The stringent conditions for granting bail under Section 37 of the NDPS Act must be adhered to, and the court must be satisfied that there are reasonable grounds for believing that the accused is not....
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