Regular bail sought by two accused arrested for transporting more than 35 kg of ganja, a commercial quantity, under Section 20(b)(ii)(c) of the NDPS Act. The court found prima facie material for seizure and a Section 35 presumption, and held it not a fit case for discretion; the petition was dismissed.
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 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO.923 OF 2024
BETWEEN:
BOTH PETITIONER NO.1 AND 2 R/AT SOUD VILLAGE, BAHANGA BLOCK, SORA POLICE LIMITS, BALASOOR DISTRICT, ODISHA STATE - 756 045.
Digitally signed by SOWMYA D
Location: High Court of Karnataka
(BY SRI. HITESH GOWDA B.J., ADVOCATE)
AND:
STATE OF KARNATAKA BY KONANAKUNTE POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA.
…PETITIONERS
…RESPONDENT
(BY SRI. K. NAGESHWARAPPA, HCGP)
NC: 2024:KHC:9649 CRL.P No. 923 of 2024
THIS CRL.P IS FILED U/S 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS (ACCUSED NO.1 AND 2) ON BAIL IN CR.NO.553/2024 REGISTERED AT KONANAKUNTE POLICE STATION, NOW PENDING BEFORE THE HONBLE XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) (CCH-35) AT BENGALURU FOR THE ALLEGED OFFENCES P/U/S 20(b)(ii)(c) OF THE NDPS ACT, 1985, ON ANY TERMS AND CONDITIONS THIS HONBLE COURT DEEMS FIT AND ETC.,
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the petitioners is absent.
NC: 2024:KHC:9649 CRL.P No. 923 of 2024
regarding seizure of more than 35 kg of ganja, which is a commercial quantity. Further, the offence is against the entire society and targeted group is college students and it would be adverse impact on the economy of the State.
Accordingly, the petition stands dismissed .
Sd/JUDGE
MS*
List No.: 1 Sl No.: 47 CT;SNN
1 issue framed by the court
Whether the accused transporting over 35 kg of ganja, a commercial quantity, should be enlarged on bail under Section 439 CrPC.
4 provisions across 2 enactments
Pradeep Das
Chinmai Barik
State of Karnataka by Konanakunte Police Station
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
