Bail petition under Section 439 Cr.P.C. in an NDPS case; counsel sought withdrawal with liberty to approach the Sessions Court after charge sheet. The High Court dismissed the petition as not pressed with that liberty.
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 AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11357 OF 2024
BETWEEN:
MAHAMMED ALI P S/O MAHAMMED SHAREEF AGED ABOUT 47 YEARS 1-109, GOLIKATTE HOUSE, GOLIKATTE, ARYAPU, DHAKSHINA KANNADA, KARNATAKA - 574 210.
…PETITIONER
(BY SRI. AKASH RAJU, ADVOCATE) AND: UNION OF INDIA BY NARCOTICS CONTROL BUREAU BZU
Digitally signed by REKHA R Location: High Court of Karnataka
REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR FOR NCB BANGALORE.
…RESPONDENT
(BY SRI. S. RAJASHEKAR, CGC)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNNS) OF CR.P.C. PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.48/1/09/2024/BZU REGISTERED WITH THE RESPONDENT NCB BANGALORE, FOR OFFENCES PUNISHABLE UNDER SECTIONS 8(c) READ WITH SECTIONS 20(b)(ii)(A), 22(C), 23(c) AND 28 OF THE NDPS ACT, WHICH IS PENDING BEFORE THE HONBLE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS, BANGALORE.
NC: 2024:KHC:47625 CRL.P No. 11357 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Learned counsel for the petitioner after arguing the
matter for sometime submits that, this petition may be dismissed as not pressed at this stage with liberty to the petitioner to file a fresh petition before the jurisdictional
Sessions Court after charge sheet is filed.
2. The aforesaid submission is place on record.
Petition is dismissed as not pressed with liberty as
prayed for.
SD/(S VISHWAJITH SHETTY) JUDGE
ASN List No.: 1 Sl No.: 42
1 issue framed by the court
Whether the petitioner should be enlarged on bail in an NDPS case pending investigation.
2 provisions across 2 enactments
Mahammed Ali P
Union of India by Narcotics Control Bureau BZU, Bangalore
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
