NCB sought cancellation of bail granted to accused No.2 in an NDPS prosecution. The court found no grounds: accused No.2 and No.3 jointly rented the premises where contraband was seized, and co-accused No.3's bail was not challenged. Petition dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 4378 OF 2024
BETWEEN:
UNION OF INDIA NARCTOTICS CONTROL BUREAU BENGALURU ZONAL UNIT BENGALURU 560 063. REPRESENTED BY INTELLIGENCE OFFICER
Digitally signed by SWAPNA V Location: high court of karnataka
(BY SRI. RAJASHEKAR .S, CGSC)
…PETITIONER
AND:
RADHIKA SEHRAI D/O ASHOK SEHRAI AGED ABOUT 29 YEARS R/AT: NO.304, 3RD FLOOR MAITHRI OPULENCE 6TH MAIN, G.M. PLAYA NEW THIPPASANDRA BENGALURU - 560 075
…RESPONDENT
(BY SRI. K.S. VISHWANATHA, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(2) CR.PC PRAYING TO SET ASIDE THE ORDER DATED 18.01.2024 PASSED IN CRIMINAL MISC.NO.4981/2023 IN CR.NO.NCB.F.NO.48/1/2022/BZU REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(C), 20(B)(II)(A), 21(B), 22(B), 22(C), 23, 25, 27-A, 28 AND 29 OF NDPS ACT, PENDING IN SPL.C.C.NO.912/2023, ON THE FILE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) BENGALURU AND GRANT SUCH OTHER FURTHER RELIEF'S AS THIS HON'BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
NC: 2024:KHC:27303 CRL.P No. 4378 of 2024
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
The complainant - Union of India has filed this petition under Section 439(2) of Cr.P.C. seeking cancellation of bail granted in favour of the respondent - accused No.2 by the Trial Court.
"Whether the petitioner has made out any grounds for cancellation of bail granted in favour of respondent - accused No.2?"
My answer to the above point is in the Negative for the following:
REASONS
Negative and proceed to pass the following:
ORDER
The Criminal Petition is dismissed.
Sd/JUDGE
*bgn/CT:VS List No.: 1 Sl No.: 10
1 issue framed by the court
Whether the petitioner made out grounds for cancellation of bail granted to respondent - accused No.2?
2 provisions across 2 enactments
Union of India Narcotics Control Bureau Bengaluru Zonal Unit, represented by Intelligence Officer
Radhika Sehrai D/o Ashok Sehrai
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
