MAHAMMED ASHRAF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.4 in Special Case No.9/2023 pending before the Court of Principal District and Sessions Judge, Mangalore, arising out of Crime No.109/2022 registered by Konaje Police Station, Mangaluru City, for the offences punishable under Ss. 8C and 20(b)(ii)C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter for short referred to as the 'NDPS Act') is before this Court under Sec. 439 of Cr.P.C., seeking regular bail.

(2.) Learned counsel for the petitioner after arguing the matter for some time submits that all the four accused persons are in custody from 26/12/2022 onwards. Trial in the case has already commenced and therefore the Trial Court may be directed to expedite the trial and dispose of the case on merits as expeditiously as possible.

(3.) Learned High Court Government Pleader in-turn submits that the commercial quantity of the contraband articles-Ganja has been seized from the accused persons, who are the permanent residents of Kerala State. Altogether there are 18 charge sheet witnesses in the case and therefore they cannot be granted regular bail in view of the provisions of Sec. 37(1)(b)(ii) of the NDPS Act. However, he fairly submits that the Trial Court may be directed to expedite the trial.