- 1 - HC-KAR NC: 2025:KHC:20291 CRL.P No. 7144 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7144 OF 2025 BETWEEN: MOHAN B.S. S/O SHIVKUMAR B.S AGED ABOUT 25 YEARS R/A BITTASANDRA VILLAGE SOLUR HOBLI, MAGADI TALUK RAMANAGARA DISTRICT PIN - 562 127. …PETITIONER (BY SRI RANGANATHA K, ADV.) AND: STATE OF KARNATAKA REP BY EXCISE INSPECTOR TUMKUR SOUTH RANGE TUMKUR SUB DIVISION TUMKUR DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGED THE PETITIONER/ACCUSED ON BAIL WITH RESPECT TO CR.NO.86/2024-2025/3002IE/300216, FOR THE OFFENCES P/U/S 20(b),20(ii)(B),8(c) OF NDPS ACT, PENDING BEFORE TEH HONBLE PRL. DISTRICT AND SESSIONS JUDGE, TUMAKURU DISTRICT, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20291 CRL.P No. 7144 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.86/2024- 25/3002IE/300216 registered by the Inspector of Excise, Tumakuru Sub Division for the offences punishable under Sections 20(b), 20(ii)(B), 8(c) 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.86/2024-2025/3002IE/300216 was registered by Inspector of Excise, Tumakuru Sub Division against the petitioner herein alleging that on 25.04.2025 at about 6.50 p.m, he had found the petitioner with contraband article allegedly ganja totally weighing about 1.608 kg and accordingly he had arrested the accused and thereafter the contraband article was seized under a panchanama. Subsequently, the petitioner was produced before the jurisdictional Court and remanded to - 3 - HC-KAR NC: 2025:KHC:20291 CRL.P No. 7144 of 2025 judicial custody. Regular bail application filed by the petitioner before the Trial Court in Crl.Misc.No.601/2025 was rejected on 07.05.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that, the petitioner was arrested by the Inspector of Excise on 26.04.2025, on the allegation that he was carrying contraband article ganja totally weighing 1.608 kilogram. The seized contraband article included the leaves, flowers, stems and other parts of the ganja plant. 5. As per relevant notification issued under the provisions of the NDPS Act, the contraband article is of intermediate quantity. Undisputedly, the petitioner has no criminal antecedents. Major portion of the investigation is already completed. The rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable to the petitioner as the seized contraband article is of intermediate quantity. 6. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner - 4 - HC-KAR NC: 2025:KHC:20291 CRL.P No. 7144 of 2025 for grant of regular bail is required to be answered affirmatively. 7. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.86/2024-25/3002IE/300216 registered by the Inspector of Excise, Tumakuru Sub Division for the offences punishable under Sections 20(b), 20(ii)(B), 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; - 5 - HC-KAR NC: 2025:KHC:20291 CRL.P No. 7144 of 2025 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