FAYAZ PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard on bail petition.

(2.) Learned counsel appearing on behalf of the petitioner has submitted his arguments that the Investigation Officer has seized 1 kg 30 grams of ganja which includes dry flower, leaf, stem and Rs.1,500.00 cash. The petitioner/accused No.1 has not committed any offence as alleged against him. The Investigation Officer has not complied the mandatory provisions of Ss. 42(2), 43 and 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ' NDPS Act '). The petitioner is arrested on 21/3/2023 and now he is in judicial custody. The alleged contrabands are intermediate quantity which is not punishable with death or imprisonment for life and there is no bar or rigor of Sec. 37 of NDPS Act to grant bail. Further it is submitted that the trial Court without considering the fact under Sec. 2(iii)(b) of NDPS Act has rejected the bail application. On all these grounds, he has sought for allow this bail petition.

(3.) As against this, Sri. H.S.Shankar, learned HCGP for the respondent/State has submitted his arguments that the investigation is not yet completed and there are prima facie cases to attract the alleged commission of offences. Hence, he sought for rejection of this bail petition.