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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Venkatesh Naik T.
Akib Abdul Majeed Mokashi – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. summary of the factual background. (Para 2 , 3) |
| 2. arguments of the petitioners and respondent. (Para 4 , 5) |
| 3. court's analysis and ruling on bail conditions. (Para 6 , 7 , 9) |
| 4. court observations on evidence and bail criteria (Para 8) |
ORDER :
Venkatesh Naik T, J.
1. Heard Sri. Ram P. Ghorpade, learned counsel for the petitioners and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State.
2. Crl.P.102312/2025 is filed by accused No.1 and Crl.P.No.102343/2025 is filed by accused No.2 in connection with the Crime No.10/2025 of Belagavi Railway Police for the offences punishable under Sections 20 (b)(ii)(A) and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘The NDPS Act’).
3. The brief facts of the prosecution case are as under:
On 13.04.2025, the first informant received a credible information regarding the transportation of Narcotic drugs. Therefore, the Dy.S.P., after securing permission from the Railway Sub-Division, Hubballi, secured his sub-staff and panchas and conducted a raid on the accused persons and seized 8.69 kg of heroin and 456 grams of ganja. Hence, the raiding party seized the said articles and secured t
Non-compliance with mandatory provisions under Section 50 of the NDPS Act undermines the prosecution's case, warranting bail even for serious charges.
The court ruled that the accused, not having possession of seized contraband, were eligible for bail, given no evidence proved their guilt and statutory bail conditions were satisfied.
The court emphasized that bail under the NDPS Act requires satisfaction of stringent conditions, particularly in cases involving commercial quantities of narcotics.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, as prescribed by Section 37, and the court's need to be satisfied on reasonable grou....
The court emphasized that bail for drug offenses requires proof of innocence and likelihood of non-reoffending, in line with stringent statutory provisions to combat drug trafficking.
The judgment establishes the stringent parameters for granting bail under the NDPS Act, emphasizing the need to satisfy reasonable grounds for believing in the innocence of the accused and ensuring t....
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