- 1 - HC-KAR NC: 2025:KHC:21403 CRL.P No. 6537 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6537 OF 2025 BETWEEN: YUNAS A S/O AJMAL, AGED ABOUT 23 YEARS, R/AT NEAR SUBRAMANYA- SWAMY TEMPLE, PADVAPURA TOWN. MANDYA. NATIVE OF PONNATHMATTE VILLAGE, SUNTIKOPPA, SOMAWARAPET TALUK, MADIKEREI DISTRICT, KARNATAKA. …PETITIONER (BY SRI. SHIVAPPA T.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY INSPECTOR OF EXCISE, SRIRANGAPATNA MANDYA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALUR-560 001. 2. MR.M.C.SUDHAKAR, EXCISE SUB-INSPECTOR-2, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21403 CRL.P No. 6537 of 2025 SRIRANGAPATTANA RANGE, SRIRANGAPATTANA, MANDYA. …RESPONDENTS (BY SRI. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.045/2024-25 FOR THE ALLEGED OFFENCES P/U/S 20(b)(ii)(B), 25, 60, 8(c) OF NDPS ACT 1985, IN PANDAVAPURA SUB DIVISION REGISTERED BY THE RESPONDENT/ EXCISE SUB INSPECTOR-2, SRIRANGAPATNA RANGE, NOW PENDING ON THE FILE OF HONBLE PRL. DIST AND SESSIONS JUDGE, MANDYA. 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.45/2024-25 registered by Excise Sub Inspector-2, Srirangapatna Range, Mandya District, for the offences punishable under Sections 20(b)(ii)(B), 25, 60 & 8(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 - HC-KAR NC: 2025:KHC:21403 CRL.P No. 6537 of 2025 3. It is the case of the prosecution that, on 18.02.2025 at about 9.50 p.m, when the first informant and his office staff were on patrolling duty near Santhemala, the first informant received credible information that one person was transporting Ganja in car bearing registration No.KA-11-P-8572. In furtherance of such information, the aforesaid car was intercepted at about 11.15 p.m, and the petitioner, who was the inmate of the car was apprehended and from his possession contraband article allegedly Ganja totally weighing 2 kg 40 grams was seized. The seized contraband article was subjected to panchanama and thereafter, FIR was registered against the petitioner. The petitioner, who was subsequently remanded to judicial custody had filed Crl.Misc.No.200/2025 before the jurisdictional Sessions Court, which was rejected on 11.04.2025. Therefore he is before this Court. 4. On credible information received, the car bearing registration No.KA-11-P-8572 in which the - 4 - HC-KAR NC: 2025:KHC:21403 CRL.P No. 6537 of 2025 petitioner was travelling was intercepted and from the boot space of the said car, contraband article allegedly Ganja totally weighing 2 kg 40 grams, which was kept in a blue colour plastic bag was recovered and subjected to panchanama. Undisputedly, the petitioner has no criminal antecedents. The seizure of contraband article is at about 11.15 p.m. 5. It appears that there is no compliance of Sections 41 and the proviso to Section 42 of the NDPS Act in the present case. Be that as it may, the fact remains that contraband article seized in the present case is of intermediate quantity. Therefore, the rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable to the petitioner. 6. 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. - 5 - HC-KAR NC: 2025:KHC:21403 CRL.P No. 6537 of 2025 7. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.45/2024-25 registered by Excise Sub Inspector- 2, Srirangapatna Range, Mandya District, the offences punishable under Sections 20(b)(ii)(B), 25, 60 & 8(c) 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 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; - 6 - HC-KAR NC: 2025:KHC:21403 CRL.P No. 6537 of 2025 d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS