P. N. DESAI
Vidupanakallu Galeppa – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
P.N. Desai, J. - Heard the learned counsel for the petitioner and the learned HCGP for the respondent State.
2. This petition is filed under section 439 of the Code of Criminal Procedure, 1973, seeking to enlarge the petitioner, who is arraigned as accused no. 1, on bail in Crime No. 355/2021 of Rural Police Station, Ballari, registered for the offences punishable under sections 20 and (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short).
3. It is the allegation of prosecution that this accused being the owner of land in Sy. No. 197/A, situated at Kammarachedu village, is said to have grown cannabis plants in his land illegally between cotton crop. After getting information, the Investigating Officer along with panchas visited the land and found that in between cotton crop about 220 wet ganja plants were grown which were weighing 121.75 kilograms which include roots, trunk, leaves and flowers. Its approximate value is Rs. 2,43,500/-. The same was seized in the presence of panchas along with mud for sample and the accused was arrested. On the basis of the same, the said crime number was registered against accused nos. 1 and 2. The accused was p
Bail is a rule and rejection is an exception. The court must consider various factors, including the nature of the offence, character of the accused, and apprehension of witnesses being tampered with....
The central legal point established in the judgment is the interpretation and application of the NDPS Act, particularly in determining commercial quantity and entitlement to bail under Sec. 167(2) of....
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 bail is a rule and rejection is an exception, and it should be granted after considering the nature and seriousness of the offence, the charac....
The quantity of seized drugs and the absence of criminal antecedents are crucial factors in determining bail applications under the NDPS Act.
The main legal point established in the judgment is that bail is a rule and rejection is an exception, and the court must consider the nature of the offence, the character of the accused, and the lar....
Bail is a rule and rejection is an exception, and the Court must consider various factors when granting or rejecting bail in non-bailable offences.
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