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P. N. DESAI
Pawan – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed under Sec. 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short), seeking to enlarge the petitioners, who are arraigned as accused Nos.1 and 2, on bail in Crime No.82/2022 of Brahmpur Police Station, registered for the offence punishable under Sec. 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short), on the file of the IV Addl. Civil Judge and JMFC at Kalaburagi.
2. It is the case of the prosecution that FIR came to be registered on the basis of complaint lodged by one A. Wajid Patel, Police Inspector CCB Unit, Kalaburagi stating that the Investigating Officer has received credible information on 28/6/2022 that two persons were selling ganja behind Dr. B. R. Ambedkar Degree College, by side of the college compound, Kalaburagi. Accordingly, he has secured two panchas, Gazetted Officer and other police officials with weighing machine at about 02.45 p.m. they went to the spot in a Jeep and found that two persons were selling ganja. Thereafter, they raided the said persons and enquired their names. They found plastic bags on the spot and ganja weighing 1 kg, 300 gms worth of Rs.10,300.00. Thereafter, th
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....
Bail is a rule and rejection is an exception, and the decision to grant or reject bail application should consider the nature and seriousness of the offence, the character of the accused, and the cir....
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....
The quantity of seized drugs and the absence of criminal antecedents are crucial factors in determining bail applications under the NDPS Act.
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.
The non-commercial quantity of contraband and the progress in the investigation are important considerations in granting bail under the NDPS Act.
The quantity of seized drugs being a commercial quantity is a crucial factor in determining the grant of bail under the NDPS Act.
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