- 1 - NC: 2025:KHC:18047 CRL.P No. 6287 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6287 OF 2025 BETWEEN: SUDESH POOJARY S/O DAYANANDA POOJARY AGED ABOUT 20 YEARS R/AT NO.6-50, KOMADADY BOMMARABETTU VILLAGE HIRIYADKA POST, UDUPI - 576 113. …PETITIONER (BY SRI LETHIF B, ADV.) AND: STATE OF KARNATAKA BY CEN CRIME POLICE STATION UDUPI DISTRICT, REP. BY SPP HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THEM ON BAIL IN CRIME NO.74/2024 (S.C.NO.6/2025) OF CEN CRIME POLICE STATION, UDUPI DISTRICT FOR THE OFFENCE P/US/ 20(b)(ii)(B) OF NDPS ACT PENDING BEFORE SPECIAL (PRINCIPAL SESSION) JUDGE, UDUPI. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18047 CRL.P No. 6287 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 1. Accused No.6 in Spl.C.No.6/2025 pending before the Court of Special (Principal Sessions) Judge, Udupi, arising out of Crime No.74/2024 registered by Udupi CEN Crime Police Station, Udupi, for the offences punishable under Sections 8(c), 20(b)(ii)(b) and 27(b) of NDPS Act, 1985, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.74/2024 was registered by Udupi CEN Crime Police Station, Udupi, for the aforesaid offences against Abdul Jabbar and another based on the first information dated 26.10.2024 received from Ramachandra Nayak, Police Officer attached to Udupi CEN Crime Police Station, Udupi. During the course of investigation, petitioner herein was arrested on 07.12.2024. Investigation in the case is completed and charge sheet has been filed against six persons and petitioner is arraigned as accused No.6 in the charge sheet. His bail - 3 - NC: 2025:KHC:18047 CRL.P No. 6287 of 2025 application filed before the Trial Court in Special Case No.6/2025 was rejected on 05.02.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that there is no seizure of any contraband article from the possession of the petitioner in the present case. The allegation against the petitioner is that the scooter which he had taken on rent was used by accused No.3 for the purpose of transporting the contraband article which was seized from his possession in the present case. Undisputedly, the seized contraband article is of intermediate quantity. Accused No.1 has been granted regular bail by this Court in Crl.P.No.186/2025. Investigation in the case is completed and charge sheet has been filed. Since the seized contraband article in the present case is of intermediate quantity, the rigour under Section 37(1)(b) of the NDPS Act, cannot be made applicable in the present case. Be that as it may, insofar as petitioner is concerned undisputedly, there is no seizure of any contraband article from the possession of the petitioner. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of - 4 - NC: 2025:KHC:18047 CRL.P No. 6287 of 2025 regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.6/2025 pending before the Court of Special (Principal Sessions) Judge, Udupi, arising out of Crime No.74/2024 registered by Udupi CEN Crime Police Station, Udupi, for the offences punishable under Sections 8(c), 20(b)(ii)(b) and 27(b) of NDPS Act, 1985, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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; - 5 - NC: 2025:KHC:18047 CRL.P No. 6287 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 DN