- 1 - NC: 2025:KHC-K:2589 CRL.P No. 200598 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200598 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHIVAKUMAR S/O. SHESHAPPA PUJARI, AGE:42 YEARS, OCC:AGRICULTURE, R/O. H. NO.23/104, TEACHERS COLONY, NEAR BHAGAT SINGH SCHOOL, HUMNABAD, DIST. BIDAR-585401. ...PETITIONER (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE) AND THE UNION OF INDIA NARCOTIC CONTROL, BENGALURU ZONAL UNIT, BANGALORE, R/BY DEPUTY SOLICITOR GENERAL OF INDIA, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SRI SUDHIRSINGH R. VIJAPUR, DSGI) THIS CRL.P. IS FILED U/S 483 OF BNSS,2023 PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONER/ACCUSED NO.3 IN SPL CASE NO. 1541/2024 (NCB CRIME NO. 48/01/05/2024/BZU DISTRICT BIDAR) PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, BIDAR FOR THE Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2589 CRL.P No. 200598 of 2025 OFFENCES PUNISHABLE U/SECS. 8(C) R/W 20(b)(ii)(C), 25, 27(A), 28 AND 29 OF NDPS ACT, 1985, THIS PETITION HAVING BEEN HEARD AND RESERVED ON 29.04.2025 AND COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE S RACHAIAH CAV ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioner who is accused No.3 has approached this Court seeking regular bail in Spl. Case No.1541/2024 (arising out of NCB Crime No.48/01/05/2024/BZU District Bidar) pending on the file of Principal District and Sessions Judge, Bidar, for the offences punishable under Sections 8(c) r/w Sections 20(b)(ii)(c), 25, 27(A), 28 and 29 of NDPS Act, 1985. 2. Factual matrix of the case: It is the case of the prosecution that the Inspector of NCB, Bengaluru Zonal Unit, stated to have received a credible information that some persons were transporting ganja in the lorry. After having received the said - 3 - NC: 2025:KHC-K:2589 CRL.P No. 200598 of 2025 information, he went along with the staff and other officials and reached Aurad, Bidar District and took the assistance of the local police for the purpose of intercepting the lorry. Around about 5.40 p.m., on 08.03.2024, they saw lorry bearing registration No.TS.07/UL-0972 arriving at Vanmarpalli Police Check Post, Aurad-B, Bidar. The said team stopped the lorry and asked the driver and cleaner to get down from the said lorry. When they questioned the driver, he revealed his name as Vijay Kumar S/o Shidram and another person revealed his name as Devaraj S/o Nilkatta and both are residents of Kankatta, Humnabad Taluk, Bidar District. They told that they were deputed to shift the load to Orissa. On conducting proper investigation and search of the said lorry, they found ganja weighing about 1,596.350 kgs. Therefore, case came to be registered against the accused persons including the petitioner herein. After conducting the investigation, the Police have submitted the charge sheet. - 4 - NC: 2025:KHC-K:2589 CRL.P No. 200598 of 2025 3. Heard Sri.Shivanand V.Pattanashetti, learned counsel for the petitioner and Sri.Sudhirsingh R.Vijapur, learned Deputy Solicitor General of India for the respondent. 4. It is the submission of the learned counsel for the petitioner that the petitioner is suffering from health issues and he needs proper medical supervision. Though it appears that huge quantity of ganja was seized by the officials of the respondent, the fact remains that, the petitioner who is arrayed as accused No.3 was not present and he is in no way connected either in transporting the said ganja or involved in purchasing the said ganja from third party. 5. It is further submitted that the allegation made against the petitioner is that he has involved in drug trafficking case, however, there is no direct evidence to implicate him in this case. - 5 - NC: 2025:KHC-K:2589 CRL.P No. 200598 of 2025 6. It is further submitted that the respondent- Police have not followed the procedure as contemplated under Sections 41, 42 and 52 of the NDPS Act. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, he prayed for allowing the petition. 7. Per contra, the learned Deputy Solicitor General of India appearing for the respondent filed statement of objections stating that huge quantity of drug being trafficked and it was intercepted and seized by the officials. The petitioner is the member of the drug trafficking unit. The voluntary statement of accused Nos.1 and 2 would indicate that accused No.3 was using the mobile number of Shashikanth and he gave an amount of Rs.30,000/- to accused Nos.1 and 2 for the purpose of transportation of huge quantity of ganja. The involvement of accused No.3 i.e., petitioner has been proved not only on the basis of voluntary statement of accused Nos.1, 2 and 4, but also, on the basis of documentary evidence - 6 - NC: 2025:KHC-K:2589 CRL.P No. 200598 of 2025 under which the petitioner herein had made monetary assistance to accused Nos.1 and 2. Therefore, the petitioner is not entitled for any reliefs as prayed for. Making such submissions, he prayed for dismissing the petition. 8. Having heard the learned counsel for the respective parties and also perused the records and facts of the case, prima facie, the petitioner appears to have involved in drug trafficking case. The respondent-Police have seized huge quantity of ganja. The quantity of ganja of which accused Nos.1 and 2 were transporting with the aid of the petitioner is of commercial quantity. Though the learned counsel for the petitioner is seeking bail on medical grounds that the petitioner needs proper medical assistance and he was suffering from ailments, the fact remains that, since the petitioner has involved in heinous offence and the documentary evidence would indicate that he extended the monetary benefits to accused Nos.1 and 2 to transport the said ganja to Orissa, it is not appropriate - 7 - NC: 2025:KHC-K:2589 CRL.P No. 200598 of 2025 to grant him bail. Moreover, it is also necessary to deny the bail on account of considering the interest of the society at large. Hence, I am of the considered opinion that the petition is deserved to be rejected 9. Accordingly, I proceed to pass the following: ORDER The Criminal Petition is rejected. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 4 Ct: PK