This petition is filed under Section 439 of Cr.P.C. seeking

regular bail of the petitioner in Crime No.3/2021 of Excise Police

Station, Mysuru, for the offence punishable under Sections 8(c),

22(c), 27(a) and 28 of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (8NDPS Act9 for short).

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The

factual

matrix

of

the

case

is

that

the

petitioner/accused was apprehended with Psilocbine mushrooms

(magic mushrooms) of 1,100 kgs., 0.657 kgs. and 1.093 kgs., in

all 2,850 kgs. and 385 packets consisting of powder capsule

0.235 kgs., DMT powder about 0.450 kgs., green colour MDMA

powder about 0.900 milligrams and LSD 0.010 milligrams and

hence invoked the offence under Sections 8(c) 22(c), 27(a) and

28 of the NDPS Act.

4.

The learned counsel for the petitioner would

vehemently contend that the alleged quantity seized is only a

3

raw material and not finished material. The learned counsel

would contend that this petitioner is in custody from the date of

arrest i.e., 04.08.2021 and not complied with the mandatory

provisions of Section 54 of the NDPS Act