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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.VISHWAJITH SHETTY
Issa Toure, S/O Late Andrew – Appellant
Versus
State By Karnataka – Respondent
| Table of Content |
|---|
| 1. overview of bail application process and history. (Para 1 , 3 , 4) |
| 2. arguments regarding the weight of contraband and applicant's custody. (Para 5 , 6) |
| 3. details of the contraband seizure and legal compliance issues. (Para 7 , 8 , 9) |
| 4. precedents set by the supreme court regarding bail. (Para 10) |
| 5. granting of bail with conditions. (Para 12) |
ORDER :
S. VISHWAJITH SHETTY, J.
Accused No.1 in Spl.C.C.No.717/2024 pending before the Court of XXXIII Addl. City Civil & Sessions Judge & Special Judge (NDPS), Bengaluru arising out of Crime No.372/2023 registered by Govindapura Police Station, Bengaluru City for the offences punishable under Sections 8 (c) & 22(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.372/2023 was registered by Govindapura Police Station, Bengaluru City against the petitioner herein for the aforesaid offences on the basis of first information dated 30.12.2023 received from Sri Anandkumar, Police Sub Inspector, attached to Govindapura Police Station. During the course of investigation, the petitioner was
The court emphasized the importance of following proper procedures under the NDPS Act, particularly with respect to weighing contraband, which impacts bail decisions when trials are delayed.
The limitations prescribed for the grant of bail under Section 37 NDPS Act require substantially probable causes for believing that the accused is not guilty of the alleged offence.
A charge under Section 22(c) of the NDPS Act does not apply if the substance is determined to be Methamphetamine instead of MDMA.
The weight of contraband and the petitioner's criminal history are crucial factors in determining bail eligibility in NDPS Act cases.
Section 37 of NDPS Act specifically stipulates certain conditions to be satisfied for purpose of granting bail.
Bail under NDPS Act requires consideration of the evidence, specific conditions, and completion of the investigation.
The court grants bail, deeming the harsh conditions of the NDPS Act inapplicable based on case circumstances and the petitioner’s lack of prior offenses.
Petitioner denied bail due to substantial evidence of involvement in drug trafficking and the weight of the entire seized mixture relevant for quantity classification under NDPS Act.
Bail granted under NDPS Act conditions due to completed investigation and absence of prior offences.
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