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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SHIVASHANKAR AMARANNAVAR
Jeelan Pasha, S/o. Hafeez Ulla Pasha – Appellant
Versus
State Of Karnataka, By Ahsoknagar P.S. Rep. By State Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. petition for bail filed under ndps act. (Para 1) |
| 2. arguments presented by petitioner and respondent. (Para 3 , 4 , 5) |
| 3. court's analysis of grounds of arrest and relevant case law. (Para 6 , 7 , 8 , 9 , 10) |
| 4. court's findings on arrest procedures and implications for bail. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. final ruling on the bail petition. (Para 18) |
ORDER :
SHIVASHANKAR AMARANNAVAR, J.
This petition is filed by the sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.159/2025 of Ashoknagar Police Station registered for offences punishable under Sections 8 (c) and 22(C) of Narcotic Drugs and Psychotropic Substances Act.
2. Heard the learned Senior Counsel for petitioner and learned High Court Government Pleader for respondent - State.
3. Learned Senior Counsel for petitioner would contend that, the search has been conducted after sunset and before sunrise and grounds of belief are not recorded as contained in proviso to Section 42 of NDPS Act. The authorization of the superior Officer as required under sub- Section (2) of Section 41 of NDPS Act has not been obtained. The contents are weighed including th
The court ruled that failure to timely communicate grounds of arrest violates constitutional rights, rendering subsequent detention illegal; the accused did not prove entitlement to bail given the na....
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
Failure to communicate arrest grounds does not automatically entitle a petitioner to bail involving serious narcotics charges under the NDPS Act.
Point of law: Recovery of contraband – Rejection of bail - contraband article is more than the commercial quantity and the investigation is still pending
An arrest is rendered illegal if the grounds of arrest are not communicated, violating Article 22(1) of the Constitution, which warrants the granting of bail despite statutory restrictions.
The arrest was declared illegal due to non-compliance with constitutional and statutory provisions regarding informing the accused of grounds for arrest.
Point of law : Bail cannot be granted on the ground of technicality and non-compliance of formalities cannot be considered during the bail stage.
Bail under NDPS Act requires meeting stringent conditions; prior criminal history and commercial quantity of drugs warrant denial of bail.
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