ADITYA KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - Accused No.2 in Crime No.355/2019 registered by the Kengeri Police for the offence punishable under Ss. 8[c], 21[c], 20[a][b] of the Narcotic Drugs and Psychotropic Substances Act, ['NDPS Act' for short], having suffered rejection of his bail petition in Crl.Mis.No.151/2020 dtd. 13/1/2020 by the XXXIII Additional City Civil and Sessions Judge and Special Court for NDPS, Bengaluru, has filed this petition under Sec. 439 of CRPC, 1973 seeking for his enlargement on bail.

(2.) Learned counsel for the petitioner placing reliance on the Crl.P.No.2044/2020 dtd. 21/4/2020 submitted that the accused No.1 involved in the very same Crime No.355/2019 registered by the Kengeri police has been enlarged by this Court on bail subject to certain conditions stipulated thereunder. The petitioner-accused No.3 is in custody since 13/12/2019 and is innocent of the alleged offences. The seizure of contraband substance was made from the flat of accused No.1. The seized substances are found to be below commercial quantity and as such this Hon'ble Court held in the case of the accused No.1 that Sec. 37 of the NDPS Act is not attracted.

(3.) Learned counsel High Court Government Pleader appearing for the respondent-State opposes the petition.