- 1 - NC: 2025:KHC:14510 CRL.P No. 2524 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2524 OF 2025 BETWEEN: SYED AFSAR ALI @ SYED APSAR ALI, S/O SYED KHADAR, AGED ABOUT 37 YEARS, R/AT NO. 16, 4HT CROSS, OPP SOPHIA SCHOOL, VINOBHA NAGAR, K G HALLI, BANGALORE - 560 045. …PETITIONER (BY SRI. RONALD D SA.,ADVOCATE) AND: STATE BY D J HALLI P S, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, OPPOSITE TO VIDHANA SOUDHA, BENGALURU - 560 001. …RESPONDENT (BY SMT.PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT OF REGULAR BAIL IN SPL.C 2295/2023 ARISING OUT OF CRIME NO 77/2023 OF DJ HALLI POLICE STATION, BANGALORE, FOR THE ALLEGED OFFENCES UNDER SECTION 8(c), 22(c), 20(b)(ii) C WHICH IS CURRENTLY PENDING IN THE FILES OF HONBLE 33RD ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT BENGALURU - (CCH - 33) WHEREIN THE PETITIONER ARRYED AS ACCUSED NO.2. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:14510 CRL.P No. 2524 of 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.2 in Spl.C.No.2295/2023 pending before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.77/2023 registered by Devarajeevanahalli Police Station, Bengaluru City for offences punishable under Sections 8(c), 22(c), 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.77/2023 was registered by Devarajeevanahalli Police Station, Bengaluru City for the aforesaid offences against Asif Pasha and two others based on the first information dated 24.04.2023 received from Raghavendra N, Sub Inspector of Police attached to Devarajeevanahalli Police Station, Bengaluru City. - 3 - NC: 2025:KHC:14510 CRL.P No. 2524 of 2025 4. During the course of investigation of the said case, petitioner herein was arrested on 24.04.2023 and subsequently remanded to judicial custody. After completion of investigation, charge sheet has been filed against three persons and petitioner is arraigned as accused No.2 in the charge sheet. Bail application filed by the petitioner before the trial Court in Crl.Misc.No.9233/2024 was rejected on 20th November, 2024. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner who has no other criminal antecedents is in custody for the last more than two years. The seized contraband article from the possession of the petitioner is of intermediate quantity. Trial in the case is yet to commence. Accordingly, he prays to allow this petition. 6. Per contra, learned Additional SPP who has opposed the petition does not dispute the submission made the learned Counsel for the petitioner. - 4 - NC: 2025:KHC:14510 CRL.P No. 2524 of 2025 7. Perusal of the material on record would go to show that based on the credible information received, the first informant had intercepted two persons on 24.04.2023 within the jurisdiction of Devarajeevanahalli Police Station, Bengaluru City and the said persons revealed their names as Asif Pasha and Syed Apsar Ali and from the possession of the aforesaid persons who are now arraigned as accused Nos.1 and 2, contraband article ganja weighing 500 grams and contraband article allegedly MDMA weighing 11 grams was recovered and subjected to panchanama. Thereafter, at the instance of accused No.1 from his house contraband article ganja totally weighing 35 Kgs was seized. 8. The contraband article allegedly MDMA that was seized from the possession of accused Nos.1 and 2 was forwarded to Forensic Science Laboratory for examination and the test report would now go to show that the said contraband article has now tested positive to a drug known as methamphetamine, 11 grams of - 5 - NC: 2025:KHC:14510 CRL.P No. 2524 of 2025 methamphetamine is of intermediate quantity. The Subsequent seizure of 35 Kgs of contraband article ganja is from the house of accused No.1 and the said seizure was at the instance of accused No.1. So far as, the petitioner is concerned, the contraband article seized from his possession is of intermediate quantity. Undisputedly, he has no other criminal antecedents and he is in custody for the last more than two years. Trial in the case is yet to commence. Since contraband article seized from the possession of the petitioner is of intermediate quantity, the rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable as against the petitioner. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Spl.C.No.2295/2023 pending before the Court of XXXIII - 6 - NC: 2025:KHC:14510 CRL.P No. 2524 of 2025 Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.77/2023 registered by Devarajeevanahalli Police Station, Bengaluru City for offences punishable under Sections 8(c), 22(c), 20(b)(ii)C of NDPS Act, subject to the following conditions: a) The petitioner 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) 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 - 7 - NC: 2025:KHC:14510 CRL.P No. 2524 of 2025 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 48