- 1 - NC: 2025:KHC:10071 CRL.P No. 444 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 444 OF 2025 BETWEEN: 1. ANIL PAWAR S/O. REMI SINGH AGED ABOUT 23 YEARS R/A ODALKURDA VILLAGE, SIRAPURA TALUK, DULIYA DISTRICT, MAHARASHTRA STATE. 2. SYED SUBAN @ SHOOTER SUBAN, S/O LATE SYED ALTAF, AGED ABOUT 29 YEARS, R/A.NO.13/0, 1ST CROSS, NAGARAJ LAYOUT, KEB BUS STAND, R.T. NAGAR, BENGALURU - 560 032. …PETITIONERS (BY SRI. VINOD KUMAR M, ADV.) AND: STATE OF KARNATAKA REPRESENTED BY BASAVANGUDI POLICE STATION, BENGALURU, REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10071 CRL.P No. 444 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.NO.1964/2024 IN CR.NO.43/2024 OF BASAVANAGUDI P.S., PENDING ON THE FILE OF THE XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT BENGALURU, FOR THE OFFENCES P/U/S 8(c),20(b)(ii)(c) OF NDPS ACT BY ACCEPTING SURETY OR ON ANY CONDITIONS THAT THIS HONBLE COURT MAY BE PLEASED TO IMPOSE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Crime No.43/2024 registered by Basavanagudi Police Station, Bengaluru City for offences punishable under Sections 8(c) and 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') are before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.43/2024 was registered by Basavanagudi Police Station, Bengaluru City for the aforesaid offences against unknown persons based on the first information dated 08.04.2024 received from Manoj Naganuri, - 3 - NC: 2025:KHC:10071 CRL.P No. 444 of 2025 Police Officer attached to Basavanagudi Police Station, Bengaluru City. 4. During the course of investigation of the case, accused No.1 was arrested on 08.04.2024 and from his possession 2 KG 130 grams of contraband article allegedly ganja was seized. Accused No.2 was arrested on 09.04.2024 and from his possession 45 KG 250 grams of contraband article allegedly ganja was seized. The arrested accused were subsequently produced before the jurisdiction Court and remanded to judicial custody. Bail application filed by accused Nos.1 and 2 before the Jurisdictional Sessions Court in Crl.Misc.No.11798/2024 was rejected on 6th January, 2025. Therefore, petitioners are before this Court. 5. Learned Counsel for the petitioners having reiterated the grounds urged in this petition submits that accused No.1 has no other criminal antecedents and contraband article seized from his possession is of intermediate quantity. He submits that seizure from accused No.2 is from a open park and therefore the said seizure becomes doubtful, accused No.2 has been - 4 - NC: 2025:KHC:10071 CRL.P No. 444 of 2025 falsely implicated in the present case. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that as against accused No.2 there are four other criminal cases registered under the provisions of the NDPS Act. Commercial quantity of contraband article has been seized from the possession of accused No.2. Accordingly, he prays to dismiss the petition of accused No.2. 7. Perusal of the material on record would go to show that based on the credible information received about sale of contraband article by some persons, FIR was registered against unknown persons for the aforesaid offences and in the raid that was held on 08.04.2024, accused No.1 was apprehended and from his possession 2 Kg. 130 grams of contraband article allegedly ganja was seized. Based on the confession statement of accused No.1, accused No.2 was apprehended on 09.04.2024 and from his possession contraband article ganja totally weighing 45 KG 250 grams was seized. The seized contraband article was subsequently subjected to panchanama and sample of the seized contraband article has been forwarded - 5 - NC: 2025:KHC:10071 CRL.P No. 444 of 2025 to Forensic Science Laboratory and the report now received from the Forensic Science Laboratory would go to show that seized contraband article is ganja. So far as accused No.1 is concerned, undisputedly he has no other criminal antecedents and seized contraband article from him totally weighed 2 Kg. 130 grams, which is intermediate quantity. Therefore, rigor under Section 37(1)(b) of the NDPS Act does not become applicable as against accused No.1. So far as accused No.2 is concerned, he is said to be involved in four other criminal cases registered for the offences punishable under NDPS Act and in the present case commercial quantity of contraband article has been seized from him. Under the circumstances, I am of the opinion that prayer made in this petition insofar as it relates to accused No.1/petitioner No.1 needs to be granted and the same needs to be rejected insofar as accused No.2/petitioner No.2. Accordingly the following: ORDER The petition is partly-allowed. The criminal petition is allowed as against the petitioner No.1/accused No.1. - 6 - NC: 2025:KHC:10071 CRL.P No. 444 of 2025 The criminal petition is dismissed as against petitioner No.2/accused No.2. The petitioner No.1/accused No.1 is directed to be enlarged on bail in Crime No.43/2024 registered by Basavanagudi Police Station, Bengaluru City for offences punishable under Sections 8(c) and 20(b)(ii)(c) of NDPS Act, subject to the following conditions: a) Petitioner No.1 shall execute 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; b) Petitioner No.1 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) Petitioner No.1 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner No.1 shall not involve in similar offences in future; - 7 - NC: 2025:KHC:10071 CRL.P No. 444 of 2025 e) Petitioner No.1 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR