- 1 - NC: 2025:KHC:18364 CRL.P No. 3882 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3882 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: MR. MOHAMMED SHAFI @ CHEELA S/O NOOR @ SHAHEED, AGED ABOUT 36 YEARS, R/AT NEAR GHOUSE MEDICALS, 2nd CROSS, MODI ROAD, D.J.HALLI, BENGALURU-560045 …PETITIONER (BY SRI. NISHAD S.A., ADVOCATE) AND: STATE OF KARNATAKA PULAKESHINAGAR POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BUILDING, BENGALURU-560001. …RESPONDENT (BY SMT.WAHEEDA.M.M., HCGP FOR RESPONDENT) THIS CRL.P FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE OR ENLARGE THE PETITIONER ON BAIL IN CRIME NO.151/2024 OF PULAKESHINAGAR POLICE STATION REGISTERED FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 8(c) AND 22(c) OF NDPS ACT, 1985, WHICH PENDING ON SPL.C.C.NO.2116/2024, BEFORE THE HONBLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18364 CRL.P No. 3882 of 2025 CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER This petition is filed by the accused seeking for regular bail in Crime No.151/2024, registered by the Pulakeshinagar Police Station, for the offences punishable under Sections 8(c) and 22(c) of NDPS ACT, 1985 2. The case of the prosecution is that the petitioner who is arrayed as accused in this case stated to be involving in selling the contraband namely MDMA. The complainant after having received the said information, conducted the procedure which was required to be followed under the NDPS Act, and arrested the accused and seized the contraband. 3. The case came to be registered against the petitioner in Crime No.151/2025. After conducting investigation, submitted the charge sheet. - 3 - NC: 2025:KHC:18364 CRL.P No. 3882 of 2025 4. Heard Sri.Nishad.S.A., learned counsel for the petitioner and Smt.Waheeda.M.M., learned High Court Government Pleader for the respondent/State. 5. It is the submission of the learned counsel for the petitioner that the sample which was seized by the respondent police was sent for chemical analysis. It is tested negative for MDMA and positive for methamphetamine. When the substances is not MDMA, keeping the petitioner in judicial custody would not serve the purpose. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. 6. Per contra, learned High Court Government Pleader vehemently opposed the said submissions and she further submitted that merely because there is a procedural defect in conducting the proper examination of the material, that may not be sufficient to hold that the petitioner has not committed any offences. Therefore, the bail application has to be rejected. - 4 - NC: 2025:KHC:18364 CRL.P No. 3882 of 2025 7. Having heard learned counsel for the respective parties and also perused the averments of the documents available on the record. On 31.05.2024, the inventory proceedings had been conducted. Accordingly, the said contraband has been weighed and packed before the learned Magistrate. Further, the report which is available on record has been issued by the FSL, would indicate that negative for MDMA in Article Nos.1 and 2, but, positive for methamphetamine. 8. Having considered the said report issued by the FSL, prima facie, I am of the considered opinion that that the petitioner may be enlarged on bail by imposing suitable conditions. 9. Hence, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.151/2024 of the respondent – Police, pending on the file of XXXIII Addl. City Civil and Sessions Judge & SPL Judge (NDPS) at Bengaluru, on executing a personal bond - 5 - NC: 2025:KHC:18364 CRL.P No. 3882 of 2025 for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses. d) The Registry is directed to communicate this order to the Trial Court forthwith. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE SRK List No.: 1 Sl No.: 24