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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAMMAD NAWAZ
R. Pranay Jain S/o M. Rajendra Jain – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. investigation indicates links between petitioner and narcotics order. (Para 3 , 4 , 5) |
| 2. defenses challenged by substantial evidence of drug orders. (Para 6 , 8 , 9) |
| 3. whole mixture analyzed for legal classification of drugs. (Para 10 , 12 , 13 , 14) |
| 4. bail denied due to established evidence and statutory provisions. (Para 15) |
ORDER :
1. This petition under Section 483 of BNSS, 2023 is preferred by the sole accused in NCB Crime No.48/1/19/2024/BZU registered by NCB, Bengaluru Zonal Unit, to enlarge him on bail.
2. Heard the arguments of the learned counsel appearing on both sides and perused the material on record.
3. Brief facts of the case:-
On 17.10.2024 at around 12.27 hours, a credible information was received from Special Intelligence and Investigation Branch, Airport and Air cargo complex through official mail that a shipment under AWB No.778447006060 suspected to be containing Narcotic Drug was lying at Fedex Express Cargo Terminal, KIAL Road, Devanahalli, Bengaluru, which was imported from Canada through Fedex Express, destined to one Mrs. Sunita. Based on the said information and as per the direction of the Superintendent, NCB, BZU, Bengaluru, a team was con
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.
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.
Bail – While duration of detention is a relevant factor, it cannot override bar of Section 37 NDPS Act – Court must balance personal liberty against need to prevent further risk to public safety and ....
NDPS Act –Grant of Bail - Search and seizer of contraband “Charas” – Contraband received not commercial quantity - Bar of Section 37 of NDPS Act is not applicable
NDPS Act – Recovery of contraband - Rejection of Bail - commercial quantity of the contraband and therefore, rigors of Section 37 NDPS Act are applicable - statements recorded U/s 67 of the NDPS Act ....
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