- 1 - NC: 2025:KHC:9815 CRL.P No.1917/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.1917/2025 BETWEEN: ABDUL SIDDIQ S/O ABDUL SALAM AGED ABOUT 25 YEARS R/AT. CHIKKAKUNNALA VILLAGE KADABA HOBLI, GUBBI TALUK TUMKURU-572216.S …PETITIONER (BY SRI. CHETHAN B, ADV.,) AND: THE STATE BY C.E.N. CRIME POLICE STATION TUMKUR 572101. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001. …RESPONDENT (BY SRI. K. NAGESHAWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.5/2025 REGISTERED BY THE RESPONDENT CEN CRIME PS, TUMAKURU FOR THE ALLEGED OFFENCES P/U/S 8(c), 22(b) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, PENDING ON THE FILE OF THE HONBLE PRL. DISTRICT AND SESSIONS COURT, TUMAKURU. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9815 CRL.P No.1917/2025 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 No.1 in Crime No.5/2024 registered by Tumakuru CEN Police Station, Tumakuru, for the offences punishable under Sections 8(c), 22(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985, (for short, 'The Act') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.5/2025 was registered by Tumakuru CEN Police Station, Tumakuru, for the aforesaid offences based on the first information dated 13.01.2025 received from Kumara Naik, Police Officer attached to Tumakuru CEN Crime Police Station. During the course of investigation, petitioner was arrested on 13.01.2025 and subsequently remanded to judicial custody. His bail - 3 - NC: 2025:KHC:9815 CRL.P No.1917/2025 application filed before the jurisdictional Sessions Court in Crl.Misc.No.83/2025 was rejected on 24.01.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the seized contraband article is of intermediate quantity and there is no compliance of Section 50 of the Act and the petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, submits that the investigation of the case is under progress. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that on 13.01.2025 when the first informant and his staff were on patrolling duty, they found two persons near a bridge at C.S.Pura road within the jurisdiction of Tumakuru CEN Crime Police Station holding a plastic cover and after seeing the police, they kept the said covers in their pant pocket and tried to run away. When the said - 4 - NC: 2025:KHC:9815 CRL.P No.1917/2025 persons were apprehended, they revealed their names as Abdul Siddiq and Syed Saifulla and from their possession contraband article allegedly MDMA was seized. Thereafter, the seized article was subjected to panchanama and the apprehended accused and the seized contraband article was brought to the Police Station and FIR in Crime No.5/2025 was registered against accused Nos.1 & 2. 7. The seizure panchanama would reveal that from the pant pocket of accused No.1 contraband article allegedly MDMA totally weighing 02 grams was recovered and from the pant pocket of accused No.2 contraband article allegedly MDMA weighing 03 grams was recovered. The recovered contraband article is, therefore of intermediate quantity. Since the seizure of contraband article was from the person of the accused, compliance of the requirements of Section 50 of the Act becomes necessary. 8. Perusal of the recovery panchanama would go to show that notice as provided under Section 50 of the - 5 - NC: 2025:KHC:9815 CRL.P No.1917/2025 Act was issued to the accused persons after recovery was made, therefore, prima-facie it appears that there is no compliance of Section 50 of the Act. Undisputedly, the petitioner has no criminal antecedents. The major portion of investigation is completed, hence, I am of the opinion that the prayer for grant of bail of the petitioner is required to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.5/2024 registered by Tumakuru CEN Police Station, Tumakuru, for the offences punishable under Sections 8(c), 22(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - NC: 2025:KHC:9815 CRL.P No.1917/2025 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner 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 BSR List No.: 1 Sl No.: 66