- 1 - NC: 2025:KHC:17900 CRL.P No. 5367 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5367 OF 2025 BETWEEN: VAZEER AHAMED @ SHEIK ABDUL S/O LATE.ALIJAN AGED ABOUT 27 YEARS R/AT J.M.ROAD, MUDIGERE TOWN AND TQ, CHIKKAMANGALURU - 577 550. …PETITIONER (BY SRI ABDUL ANSAR P, ADV.) AND: THE STATE BY EXCISE INSPECTOR MUDIGERE SUB - DIVISION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 01. …RESPONDENT (BY SMT. PUSHAPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. 48/2024- 25/1303IE/130307 REGISTERED BY EXCISE INSPECTOR MUDIGERE SUB-DIVISION FOR THE ALLEGED O/U/S 20(B), 20(B)(II)(A), 25 AND 8(C) OF NDPS ACT, PENDING IN THE FILE OF HONBLE COURT OF PRL. SESSION AND SPECIAL JUDGE AT CHIKKMANGALURU. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17900 CRL.P No. 5367 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 in Crime No.48/2024-25/1303IE/130307 registered by Excise Inspector, Mudigere Sub-division, Chikkamagalur District for the offences punishable under Sections 8(c), 20(b), 20(b)(ii)(A) & 25 of the Narcotic Drugs & Psychotropic Substances Act, 1985 is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.59/2023 was registered by Bengaluru Railway Police Station, Bengaluru city against one Nawas and two others for the aforesaid offences, on the basis of first information dated 03.03.2025 received from Sri Lokesh, Police officer, attached to Mudigere Sub Division. During the course of investigation, the petitioner - 3 - NC: 2025:KHC:17900 CRL.P No. 5367 of 2025 was arrested and produced before the jurisdictional Court on 03.03.2025. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crime.No.48/2024-25 was dismissed on 15.03.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the petitioner is a person without any criminal antecedents and seized contraband article allegedly ganja totally weighing 1.975 kg includes leaves, stems and other parts of the ganja plant. There is no compliance of Section 50 of the NDPS Act. Accordingly, he prays to allow the petition. 6. Per contra, learned Addl. SPP has opposed the petition on the ground that investigation of the case is under progress. However, she does not dispute that the petitioner has no criminal antecedents. Accordingly, she prays to dismiss the petition. - 4 - NC: 2025:KHC:17900 CRL.P No. 5367 of 2025 7. The material on record would go to show that on 13.03.2025, the first informant in the present case allegedly intercepted the car in which the petitioner was traveling and from the said car contraband article allegedly ganja totally weighing 1.975 kg was seized. 8. The material on record would go to show that, the seized contraband article includes flower, seed, stem and other parts of the ganja plant. Therefore, a serious doubt arises whether the seized contraband article can be considered as ganja within the meaning of Section 2(iii)(b) of NDPS Act. The seized contraband article totally weighed 1.975 kg. Therefore, seized contraband article is of intermediate quantity. In addition to seizure of contraband article from the car of the petitioner, from the person of the petitioner, his mobile phone was also seized in the present case. Therefore, compliance of Section 50 of the NDPS Act becomes necessary. Undisputedly, the petitioner has no criminal antecedents. - 5 - NC: 2025:KHC:17900 CRL.P No. 5367 of 2025 9. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 10. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.48/2024-25/1303IE/130307 registered by Excise Inspector, Mudigere Sub-division, Chikkamagalur District for the offences punishable under Sections 8(c), 20(b), 20(b)(ii)(A) & 25 of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions: a) The 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 - 6 - NC: 2025:KHC:17900 CRL.P No. 5367 of 2025 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS