JEELAN PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused under Sec. 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.159/2025 of Ashoknagar Police Station registered for offences punishable under Ss. 8(c) and 22(C) of Narcotic Drugs and Psychotropic Substances Act.

(2.) Heard the learned Senior Counsel for petitioner and learned High Court Government Pleader for respondent- State.

(3.) Learned Senior Counsel for petitioner would contend that, the search has been conducted after sunset and before sunrise and grounds of belief are not recorded as contained in proviso to Sec. 42 of NDPS Act. The authorization of the superior Officer as required under sub- Sec. (2) of Sec. 41 of NDPS Act has not been obtained. The contents are weighed including the ziplock. The currency notes were not found with the petitioner from sale of Contraband. The petitioner has been taken into custody at 11:35 p.m. and he has not been informed the grounds of arrest as required under Sec. 52 of NDPS Act. In the remand application, the arrest of the petitioner has been shown at 4.00 a.m. Sri. Manjappa, Police Inspector who conducted the raid has not informed the grounds of arrest. The inventory has not been conducted in the presence of the petitioner/accused. The qualitative and quantitative test reports have not been obtained within time as contained in Rule 14 of NDPS (Seizure Storage Sampling and Disposal) Rules, 2022. The two wheeler does not belong to the petitioner. The purchasers have not been identified. There are no previous cases against the petitioner. The petitioner is in custody since last five (5) months. As the quantitative test report has not been obtained, at this stage, it cannot be said that, quantity seized is commercial quantity to attract rigour of sub- Sec. 1(b) of Sec. 37 of NDPS Act.