NAGARAJU @ NAGA @ KIVUDA Vs. STATE AT THE INSTANCE

JUDGEMENT

(1.) This petition is filed by accused No.1 under Sec. 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.123/2025 of Hanur Police Station, registered for offences punishable under Ss. 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act.

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

(3.) Learned counsel for petitioner would contend that, the petitioner was found carrying a bag in his hand and it is alleged to have contained ganja and it has been seized under mahazar. At the time of seizure of the said bag, sample has been taken and it is against the provisions of Sec. 52A of NDPS Act. As the petitioner was holding the said bag and seizing the said bag amounts to personal search of the petitioner and it has not been conducted in the presence of Gazetted Officer and there is a violation of Sec. 50 of NDPS Act. As the quantity seized is intermediate quantity, the rigor of Sec. 37 of NDPS Act is not applicable. The offence alleged against the petitioner is provided with a sentence of imprisonment which may extend to ten (10) years. The petitioner is in judicial custody since 9/6/2025 and as the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is involved in another case as accused No.2 and the quantity of ganja seized in the said case is a small quantity and he has been granted bail in said case. The petitioner is having two minor children who are dependent on him.