- 1 - NC: 2025:KHC:17033 CRL.P No. 4525 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4525 OF 2025 BETWEEN: ZIYA, S/O ALLA UDDIN, AGED ABOUT 42 YEARS, NO.2892 L 76/2, SUNNI CHOWK, MANDI MOHALLA, MYSURU DISTRICT, KARNATAKA - 570 001. …PETITIONER (BY SRI. GURUPRASAD PATIL.,ADVOCATE) AND: STATE OF KARNATAKA, BY BYAPPANAHALLI RAILWAY P.S BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT.N. ANITHA GIRISH., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.1473/2024 (IN CR.NO.12/2024) PENDING ON THE FILE OF THE HONBLE XXXIV ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-35) AT BENGALURU FOR AN OFFENCE Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:17033 CRL.P No. 4525 of 2025 PUNISHABLE UNDER SECTION 20(b)(II)(C) OF NDPS ACT, MAY wBE DIRECTED TO RELEASE THE PETITIONER ON BAIL ON SUCH TERMS AND CONDITIONS IMPOSED BY THIS HONBLE COURT. 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 Spl.C.No.1473/2024 is pending before the Court of XXXIV Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.12/2024 registered by Byappanahalli Railway Police Station, Bengaluru, for offence punishable under Sections 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. 2. FIR in Crime No.12/2024 was registered by Byappanahalli Railway Police Station, Bengaluru, for the - 3 - NC: 2025:KHC:17033 CRL.P No. 4525 of 2025 aforesaid offences against petitioner herein, based on the first information dated 14.02.2024 received from Nagaraj S/o Chiklingappa, police officer attached to Byappanahalli Railway Police Station, Bengaluru. 3. During the course of investigation of the case, the Investigation Officer has totally recovered contraband article allegedly ganja weighing 26 Kgs and 380 grams from the possession of the petitioner and the seized contraband article was subjected to panchanama. Subsequently, petitioner was arrested on 14.02.2024 and remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against two persons for the aforesaid offences and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.8278/2024 was rejected on 21st September, 2024. Therefore, petitioner is before this Court. - 4 - NC: 2025:KHC:17033 CRL.P No. 4525 of 2025 4. Learned Counsel for the petitioner submits that petitioner has no other criminal antecedents and he has been falsely implicated in the present case. There is no compliance of Section 50 of the NDPS Act in the present case and therefore, the seizure of contraband article gets vitiated. Petitioner is in custody for the last more than one year and trial in the case is yet to commence. Accordingly, he prays to allow this petition. 5. Per contra, learned HCGP has opposed the petition on the ground that seized contraband article is of commercial quantity and therefore, in view of the rigor under Section 37(1)(b) of the NDPS Act petitioner's prayer for grant of regular bail needs to be rejected. 6. Based on the credible information allegedly received by the first informant a raid was conducted in Byappanahalli Railway Police Station, Bengaluru at about 10:45 a.m. on 14.02.2024 and the suspect who allegedly was carrying three shoulder bags was apprehended. On enquiry, the said person allegedly mentioned his name as - 5 - NC: 2025:KHC:17033 CRL.P No. 4525 of 2025 Ziya S/o Alla Uddin and from his possession contraband article allegedly ganja totally weighing 26 Kgs and 380 grams was recovered under a panchanama. 7. Perusal of the recovery panchanama would go to show that, the Investigation Officer had orally informed the petitioner about his legal rights to be searched before a Gazatted Officer or before a Magistrate and in the recovery mahazar, it is mentioned that petitioner had consented for search of his person by the Investigation Officer itself. No notice in writing in compliance of Section 50 of the NDPS Act has been issued to the petitioner by the Investigation Officer informing the petitioner about his legal rights to be searched before the Gazatted Officer or Magistrate. Seizure is from the shoulder bags of the petitioner which he allegedly had handed over to the Investigation Officer. In addition to the contraband article the railway ticket of the petitioner was also allegedly recovered from him. - 6 - NC: 2025:KHC:17033 CRL.P No. 4525 of 2025 8. Material on record would also go to show that there is no compliance of requirement of Section 42 of the NDPS Act in the present case. The credible information received appears to have been not reduced in writing in the requisite register before proceeding to conduct a raid. It appears that there is also a inordinate delay in complying the requirement of the Section 52(A) of the NDPS Act in the present case. Undisputedly, petitioner has no other criminal antecedents and he is in custody for the last more than one year. He is said to be a married man having family. The trial in the case has not yet commenced. Accused No.2 is enlarged on bail. Under the circumstances, I am of the view that, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 7 - NC: 2025:KHC:17033 CRL.P No. 4525 of 2025 The petitioner is directed to be enlarged on bail in Spl.C.No.1473/2024 is pending before the Court of XXXIV Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.12/2024 registered by Byappanahalli Railway Police Station, Bengaluru, for offence punishable under Sections 20(b)(ii)(C) of the 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; - 8 - NC: 2025:KHC:17033 CRL.P No. 4525 of 2025 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 KVR List No.: 1 Sl No.: 34