In cases involving possession of hydroponic marijuana (ganja), courts have considered the quantity (e.g., 9 kg 524 grams) and the nature of charges under NDPS Act Sections 20(b)(ii)(B)/C, 23, 27(A), 28, 29. The possibility of charges being altered influences bail decisions, with courts cautious about potential changes in allegations ABDA KHATOON vs UNION OF INDIA - Orissa.
Analysis and Conclusion:
References: - Simi Balakrishnan vs Union Of India Represented Inspector Of Customs, Air Customs - Kerala - RABIATH SAIDU SAINUDHEEN vs UNION OF INDIA - Kerala - ABDA KHATOON vs UNION OF INDIA - Orissa
... ... Result: Bail applications allowed under specified conditions. ... Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20(b)(ii) ... ... (C), 22(c), 23(c), 28, 29 r/w Section 8 ... ... (C) - Bail ... Findings of Court: ... The court determined the petitioners were unlawfully detained beyond 24 hours, warranting their release on bail ... been granted by this Court. ... ganja and chocolate and other edible items laced with Amphetamine weighing 4.922 kilograms were recovered from the....
The court concludes that detention beyond lawful limits warrants bail, allowing the petition. ... The court finds the arrest illegal due to extended custody and grants bail with stringent conditions. ... This bail application arises from charges under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and offenses under the ... been granted by this Court. ... ganja and chocolate and other edible items laced with Amphetamine weighing 4.922 kilograms were recovered from the possession of the firs....
Hydroponic Weed (Marijuana/Ganja). ... Sessions Judge, Khurda at Bhubaneswar, being charge sheeted for commission of offences punishable U/Ss.20(b)(ii)(B)/ 23/ 27(A)/ 28/ 29 of the NDPS Act, on the allegation of possessing 9Kgs and 524 Grams of Contraband Hydroponic Weed (Marijuana/Ganja). ... Parhi further submits that there being possibility of charge being altered for commission of offence punishable U/S. 20(b)(ii))(C) of NDPS Act, the petitioner should not be granted bail, since h....
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