- 1 - NC: 2025:KHC:5719 CRL.P No. 741 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. 741 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MR. MOHAMMED MUBARAK S/O KHALEEL, AGED ABOUT 44 YEARS, R/AT NO.195, KACHOHALLI, DASANPURA HOBLI, MADANAYAKANHALLI, LAKSHMIPURA, BENGALURU-572 162. …PETITIONER (BY SRI. NAVEED AHMED, ADVOCATE) AND: STATE BY KARNATAKA BY HEBBUR POLICE STATION TUMAKURU REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATI, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.237/2024 REGISTERED ON 16.12.2024 BY HEBBUR POLICE STATION TUMAKURU FOR OFFENSE PUNISHABLE UNDER SECTION 20(b) NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 PRODUCED AT ANNEXURE-A, PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TUMAKURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5719 CRL.P No. 741 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 Heard the learned counsel for petitioner, the learned HCGP for respondent/State and perused the material on record. 2. Petition is preferred by the petitioner/sole accused to enlarge him on bail in Cr.No.237/2024 of Hebbur Police Station, Tumakuru, registered for the offence punishable under Section 20(b) of the NDPS Act, 1985. 3. Complainant-PSI of Hebbur Police Station on 16.12.2024 at 12.30 p.m., receiving a credible information that a person is in possession of 2-3 Kgs. of ganja, registered the FIR against unknown person and proceeded to the spot along with his staff, panchas and gazetted officer. He apprehended the petitioner and on search, found he had concealed 3.515 Kgs. of ganja in a bag. The - 3 - NC: 2025:KHC:5719 CRL.P No. 741 of 2025 said ganja, bag and 10 empty plastic covers were seized under a mahazar. 4. The ganja seized in this case included sticks, leaves and seeds. It is not forthcoming as to what is the exact quantity of ganja as defined under Section 2(iii)(b)of NDPS Act was seized from the accused. 5. As per mahazar, before conducting seizure, the accused was informed about his right to be searched by a Gazetted Officer, however, it is not forthcoming as to whether he was informed of his right to be searched in the presence of a Magistrate. Further, no written statement from the accused was taken indicating his choice. 6. The Hon’ble Apex Court in Ranjan Kumar Chadha v. State Of Himachal Pradesh reported in 2023 LiveLaw (SC) 856 has held that Section 50 of the NDPS Act, envisions certain requirements for conducting searches, which include the right of the person to be searched to have the search conducted in the presence of a Gazetted Officer or Magistrate if he so desire. The Police - 4 - NC: 2025:KHC:5719 CRL.P No. 741 of 2025 Officer has the obligation to inform the person of his right before proceeding with the search. If the person declines to exercise this right, the search can proceed, but a written statement should be taken from the person indicating his choice. The communication of this right should be clear, either orally or in writing, and should provide only two options: a Gazetted Officer or a Magistrate, who must be independent and not connected to the raiding party. 7. The Ganja seized in this case is not a commercial quantity. Petitioner has been interrogated. He is not required for further interrogation. He is in judicial custody since 16.12.2024. No criminal antecedents against him are brought to the notice of the Court. He has undertaken to furnish adequate surety to ensure his presence before the trial Court. Hence, the following: ORDER I. Petition is allowed. - 5 - NC: 2025:KHC:5719 CRL.P No. 741 of 2025 II. Petitioner/accused in Crime No.237/2024 of Hebbur Police Station, Tumakuru, pending on the file of the Court of the Principal District and Sessions Judge, Tumakuru, 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 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 indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. - 6 - NC: 2025:KHC:5719 CRL.P No. 741 of 2025 Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 19 Ct:ar