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SHIVASHANKAR AMARANNAVAR
Anis – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
Shivashankar Amarannavar, J. - This petition is filed by the sole accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C., for brevity) seeking bail in Crime No. 63/2022 of CEN Crime Belagavi City Police Station, registered for the offences punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act', for brevity).
2. The case of the prosecution is that, one Sri. Ningangouda A. Patil, Police Inspector, CEN Police Station, Belagavi has received credible information that one person near the old vegetable market with yellow red colour bag containing ganja and he is wearing a black shirt, blue jeans and the said inspector intimated the same to his higher authorities and secured his staff, Panchas, Assistant Drug Controller as a gazetted officer, weighing scale, etc., and proceeded in Government vehicle and went near vegetable market at 13:10 hours and kept watch in a vegetable shop and found one person of the same description who was standing in suspicious manner holding yellow red colour bag and they conducted the raid and caught hold him at 13:15 hours
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 quantity of seized drugs and the absence of criminal antecedents are crucial factors in determining bail applications 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.
The court considered the quantity of the seized contraband, the petitioner's status as a student with an upcoming examination, and the absence of a bar under Section 37 of the NDPS Act in granting ba....
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....
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....
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