Special NDPS Bail Petition allowed. High Court granted bail to accused No. 2 found in possession of 554 gm ganja, fixing a personal bond of Rs. 50,000 with one surety and prohibiting tampering with witnesses.
Petitioner allowed to execute personal bond of Rs. 50,000 with one surety and co-operate for trial without tampering witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 11TH DAY OF SEPTEMBER 2018
BEFORE
THE HON’BLE MRS.JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No.101210 OF 2018
BETWEEN:
SAGAR S/O DEVANAND JAGAPUR AGE: 21 YEARS, OCC: COMPUTER ZONE, R/O: HOUSE NO.88, CHETANA COLONY, BENGERI KESHWAPUR, HUBBALLI, DIST: DHARWAD.
... PETITIONER
(BY SRI. S. S. YADRAMI, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY ASHOK NAGAR HUBBALI POLICE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP) ---
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., SEEKING TO ALLOW THE PETITION AND ORDER TO RELEASE THE PETITIONER/ACCUSED NO.2 ON BAIL IN SPL.NDPS.C.C.NO.01/2018 PENDING ON THE FILE OF PRL. SESSIONS (SPECIAL) JUDGE, DHARWAD FOR THE ALLEGED OFFENCE UNDER SECTION 20(b)(ii) OF NARCOTIC DRUG AND PSYCHOTROPIC SUBSTANCE ACT, 1985.
: 2 : Crl. P. No.101210/2018
THIS PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:-
O R D E R
The appellant is accused No.2 in Spl.NDPS.C.C. No.01/2018 pending before the Prl. Sessions (Special) Judge, Dharwad. The petitioner and the first accused are charge sheeted in that case for the offence punishable under Section 22(b)(ii)(B) of the N.D.P.S. Act, on the basis of the complaint/report of Sri. V.N.Pujar, the Assistant Sub-Inspector of Ashoknagara Police Station, Hubli.
: 3 : Crl. P. No.101210/2018
that the interrogation of the first accused revealed that he was trafficking the ganja through the present petitioner.
: 4 : Crl. P. No.101210/2018
(iii) He shall co-operate for trial.
Vmb
Sd/JUDGE
3 issues framed by the court
Whether the petitioner is eligible for bail in a nucle doping case involving possession of ganja.
Whether the quantity and nature of seized ganja affects the bail application.
What conditions should be imposed for granting bail.
2 provisions across 2 enactments
Sagar
The State of Karnataka
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
