- 1 - NC: 2025:KHC:5567 CRL.P No. 186 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 186 OF 2025 BETWEEN: ABDUL JABBAR, AGED ABOUT 27 YEARS, S/O ABDUL HAMEED, R/AT 1-33 A, TRIPTI LAYOUT, KELARKALABETTU POST, UDUPI-576 102. PRESENTLY R/AT RENTED HOUSE OF HASSAINAR, KATTINGERI, UCHILA, BADA VILLAGE, KAUP TALUK, UDUPI DISTRICT. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: THE STATE, BY SHO OF CEN CRIME POLICE STATION, UDUPI DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE-560 001. …RESPONDENT (BY SRI RANGASWAMY.R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.74/2024 OF UDUPI CEN CRIME POLICE STATION REGISTERED FOR THE OFFENCE P/U/S 8(c) 20(b)(ii)(B) of NDPS ACT PENDING ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE UDUPI DISTRICT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5567 CRL.P No. 186 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 in Crime No.74/2024 of Udupi CEN Crime Police Station has sought to enlarge him on bail. 2. The above mentioned case is registered against accused Nos.1 and 2 for the offence punishable under Sections 8(c), 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short), on a complaint lodged by the Police Inspector of CEN Crime Police Station, Udupi. 3. It is the case of prosecution that the complainant received a credible information on 26.10.2024 that a person is selling Ganja on a Scooter near Sai Radha Township, Perampalli of Shivalli Village, Udupi Taluk. He reduced the information into writing and took the permission of the higher Officer and went to the spot along with his staff and panch witness and the Gazetted Officer. - 3 - NC: 2025:KHC:5567 CRL.P No. 186 of 2025 They surrounded the petitioner/accused No.1 and from his backpack, seized 2.344 Kgs., of Ganja worth Rs.1,87,500/-. Further, one POCO Mobile Phone, Tommy Hilfiger backpack, large and small transparent plastic covers, weighing machine, knife, cash of Rs.5,810/- and Aprilia Company Scooter were also seized. 4. Charge sheet is filed against accused Nos.1 to 6 for the offence punishable under Sections 8(c), 20(b)(ii)(B) and 27(b) of NDPS Act. 5. According to prosecution, the petitioner/ accused No.1 purchased Ganja from accused No.2 and other accused persons are also involved in trafficking Ganja. From the petitioner, 2.344 Kgs., of Ganja has been seized which he was intending to sell to the public. 6. Learned counsel for petitioner has contended that while conducting seizure, the procedure contemplated under the NDPS Act which are mandatory, have not been followed and the alleged Ganja seized included leaves, stems, buds, seeds etc., and therefore, it cannot be said that the Ganja seized in this case is more - 4 - NC: 2025:KHC:5567 CRL.P No. 186 of 2025 than small quantity. It is contended that petitioner has been arrested and interrogated, he is not required for further interrogation and now the investigation is already completed and charge sheet is also filed. He submitted that the petitioner will undertake to abide by any condition which may be imposed by this Court. 7. Learned HCGP contended that there are two more cases registered against the petitioner in Crime Nos.17/2022 and 22/2024 at Udupi CEN Crime Police Station and therefore, the petitioner is a habitual offender and if he is released on bail he may involve in similar offences. He contended that Ganja seized in this case is intermediate quantity. 8. According to the learned counsel for petitioner, the procedure contemplated under law in conducting the seizure mahazar has not been followed. Whereas, learned HCGP has contended that all the procedures have been followed. However, it is a matter which has to be established by the prosecution during trial. - 5 - NC: 2025:KHC:5567 CRL.P No. 186 of 2025 9. The material seized in this case, as per mahazar, included the leaves, buds, stems, seeds etc., it is not forthcoming as to what was the exact quantity of Ganja as defined under Section 2(iii)(b) of NDPS Act, was seized. The contraband seized is not a commercial quantity. 10. Learned counsel for the petitioner has contended that the Police have foisted false cases against the petitioner and in both the cases registered earlier, he has been granted bail. 11. Petitioner has undertaken to furnish adequate surety to ensue his regular presence before the trial Court. He is a permanent resident of Udupi District. Hence, by imposing stringent conditions, he can be enlarged on bail. Accordingly, the following: ORDER Petition is allowed. - 6 - NC: 2025:KHC:5567 CRL.P No. 186 of 2025 Petitioner/accused No.1 in Crime No.74/2024 of Udupi CEN Crime Police Station, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not repeat the offence and shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the above condition shall lead to cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE tsn* List No.: 1 Sl No.: 9