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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
VENKATESH NAIK T.
Madan S/o Narashimha Reddy Pulakeshi – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. context of bail petitions and case details. (Para 1 , 2 , 3) |
| 2. claims of innocence and grounds for bail. (Para 4 , 5) |
| 3. observations on evidence during the raid. (Para 6 , 7) |
| 4. relevance of possession and ndps act. (Para 8 , 10) |
| 5. application of ndps act conditions. (Para 9 , 11) |
JUDGMENT :
1. Heard learned counsel for the petitioners Sri.Neelendra D.Gunde, Sri.Sabeel Ahmed, Sri.Vadiraj P.Vadavi, Sri.Rahul Shrikant Bhushi respectively and Sri.Abhishek Malipatil, learned HCGP for respondent in all the cases.
2. Crl.P.No.102262/2025 is filed by accused No.6, Crl.P.No.102321/2025 is filed by accused No.8, Crl.P.No.102459/2025 is filed by accused No.1 and Crl.P.No.102471/2025 is filed by accused No.3 respectively filed under Section 439 of Cr.P.C. [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] to grant bail in Crime No.110/2025 of Gangavathi Town Police station for the offences punishable under Section 20 (b)(ii)(B) 23(b)of Narcotic Drugs and Psychotropic Substances Act-1985.
3. Brief facts of the prosecution case are as under:
On 28.05.2025, the PSI of Gangavathi town Police station, Gangavathi at about 9.30 a.m. when he was on patrolling duty, he received a credibl
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.
Non-compliance with mandatory provisions under Section 50 of the NDPS Act undermines the prosecution's case, warranting bail even for serious charges.
Possession of a commercial quantity of narcotics requires strict compliance with bail conditions under the NDPS Act, which were not satisfied in this case.
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....
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....
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