- 1 - NC: 2025:KHC:10984 CRL.P No. 2491 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2491 OF 2025 BETWEEN: KUSHA KHILA S/O AMBARU KHILA AGED ABOUT 19 YEARS R/A PANESHAGANDHI CHITRAKODA DISTRICT ODDISSA STATE - 764 052. …PETITIONER (BY SRI SARAVANA S, ADV., FOR SMT. BHAVYA N G, ADV.) AND: THE STATE OF KARNATAKA BY MAHALAKSMI LAYOUT POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS BAIL PETITION ENLARGING THE PETITIONER/ ACCUSED ON REGULAR BAIL IN CR.NO.236/2024 NOW SPL.C.CNO.2590/2024 REGISTERED BY THE RESPONDENT MAHALAKSHMIPURAM P.S., FOR THE OFFENCES P/U/S 20(C) OF NDPS ACT PENDING ON THE FILE XXXIV ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) (CCH-35) BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10984 CRL.P No. 2491 of 2025 ORAL ORDER Accused No.3 in Spl.C.C.No.2590/2024 pending before the Court of XXXIV Addl. City Civil & Sessions Judge & Special Judge (NDPS), Bengaluru, arising out of Crime No.236/2024 registered by Mahalakshmi Puram Police Station, Bengaluru City for the offence punishable under Sections 20(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.236/2024 was registered by Mahalakshmi Puram Police Station, Bengaluru City against unknown person for the offence punishable under Section Sections 20(b) of the NDPS Act, on the basis of first information dated 17.07.2024 received from Sri Rakesh D, Police officer, attached to Mahalakshmi Puram Police Station. Subsequently, accused No.1 was arrested and from his possession 52 kg 495 grams of contraband article - 3 - NC: 2025:KHC:10984 CRL.P No. 2491 of 2025 allegedly ganja was seized. Based on the confession statement made by accused No.1, the petitioner herein was arrested on 22.07.2024 and subsequently remanded to judicial custody. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.537/2025 was dismissed on 03.02.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the petitioner is an youngster aged about 19 years having no criminal antecedents. He is in custody for more than 8 months. Except the confession statement of accused No.1 there is no other material against the petitioner. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP who has seriously opposed the petition, however, does not dispute the submission made by the learned counsel for the petitioner. 7. FIR in the present case was registered against unknown persons after first informant allegedly received - 4 - NC: 2025:KHC:10984 CRL.P No. 2491 of 2025 credible information that a person was attempting to sell contraband article ganja to public, which he had brought in a Swift desire car bearing registration No.RJ-14-TE-8371. Thereafter, a raid was conducted and accused No.1 was apprehended and from his possession contraband article ganja totally weighing 52 kg 495 grams was seized and subjected to panchanama. Based on the confession statement of accused NO.1, the petitioner herein was arrested on 22.07.2024 and subsequently remanded to judicial custody. 8. Investigation of the present case is completed and charge sheet has been filed. It is not in dispute that the petitioner has no other criminal antecedents. Learned Addl. SPP has stated that except the confession statement of accused No.1, there is no other material to connect the petitioner to the crime. 9. The Hon'ble supreme court in the case of TOFAN SINGH V. STATE OF T.N, - AIR 2020 SC 5592 has held that confession statement made before an officer - 5 - NC: 2025:KHC:10984 CRL.P No. 2491 of 2025 designated section 42 or Section 53 can be the basis to convict a person under the NDPS Act, without any non obstante clause doing away with Section 25 of the Evidence Act, and without any safeguards, would be a direct infringement of the constitutional guarantees contained in Article 14, 20(3) and 21 of the Constitution of India. In the said case the Hon'ble supreme Court held that, the statement recorded under section 67 of the NDPS Act cannot be used as 'confession statement' in trial of offence under the NDPS Act. 10. The petitioner who is aged about 19 years having no criminal antecedents is in custody for more than 8 months. Since there is no seizure of contraband article from the possession of the petitioner and except the confession statement of co-accused there is no other material to connect the petitioner to crime, the rigor under Section 37(1)(b) of the NDPS Act cannot be made strictly applicable against the petitioner. Under these circumstances, I am of the opinion that the prayer made - 6 - NC: 2025:KHC:10984 CRL.P No. 2491 of 2025 by the petitioner for grant of regular bail is required to be answered affirmatively. 11. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Spl.C.C.No.2590/2024 pending before the Court of XXXIV Addl. City Civil & Sessions Judge & Special Judge (NDPS), Bengaluru, arising out of Crime No.236/2024 registered by Mahalakshmi Puram Police Station, Bengaluru City for the offence punishable under Section 20(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions: a) Petitioner 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; 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; - 7 - NC: 2025:KHC:10984 CRL.P No. 2491 of 2025 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; SD/- (S VISHWAJITH SHETTY) JUDGE NMS