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M G UMA
Swasthik M. B. @ Chitte – Appellant
Versus
State of Karnataka By Doddapete Police Station Shivamogga Represented By State Public Prosecutor – Respondent
JUDGMENT/ORDER
M G Uma, J. - The petitioner-accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.477/2022 of Doddapete Police Station, pending on the file of the Principal District and Sessions Judge at Shivamogga, registered for the offences punishable under Sections 8(c), 20(b)(ii)(B), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. (for short 'NDPS Act'), on the basis of the first information lodged by the informant- H.C.Vasanth-PSI.
2. Heard Smt. M.C.Shuba, learned Counsel for the petitioner and Sri. K.Rahul Rai, learned High Court Government Pleader for the respondent -State. Perused the materials on record.
3. Learned Counsel for the petitioner submitted that the petitioner is arrayed as accused No.1. He is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 09.12.2022 and since then he is in judicial custody.
4. Learned counsel further submitted that it is the contention of the prosecution that on the credible information the petitioner and accused No.2 were apprehended. 1 kg 300 grams of ganja was said to have been recovered. The
The quantity of seized drugs being a commercial quantity is a crucial factor in determining the grant of bail under the NDPS Act.
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 the interpretation of the definition of ganja under the NDPS Act and its application in determining the need for custodial interrogation and granti....
The non-applicability of the bar under Section 37 of the Narcotic Drugs and Psychotropic Substances Act due to the quantity of contraband and the imposition of specific conditions for bail to ensure ....
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....
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