- 1 - HC-KAR NC: 2025:KHC:21000 CRL.P No. 7293 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7293 OF 2025 BETWEEN: MR. RIYAZ KHAN @RIYAZ PASHA S/O SIRAZ PASHA AGED ABOUT 44 YEARS R/AT MUSLIM BLOCK K R NAGARA TOWN K R NAGARA TALUK MYSURU DISTRICT - 571 602. …PETITIONER (BY SRI. N KUMAR.,ADVOCATE) AND: STATE BY K R NAGARA POLICE K R NAGARA 571602 REPTED BY SPP HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.153/2025 REGISTERED BY RESPONDENT K.R.NAGARA POLICE, FOR THE OFFENCES PUNISHABLE U/S. 20(b), (ii)(B), 8C OF NDPC ACT, 1985, PENDING ON THE FILE OF 7TH ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU DISTRICT AND ETC THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21000 CRL.P No. 7293 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.153/2025 registered by K.R.Nagar Police Station, Mysore District, for the offences punishable under Section 20(b) (ii) (B), 8C of Narcotic Drugs and Psychotropic Substances, Act, 1985 (for short Act, 1985), is before this Court under section 438 of Cr.P.C. and under Section 482 of BNS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.153/2025 was registered by K.R.Nagar Police Station, Mysore District, against the petitioner herein for the aforesaid offences on the basis of first information dated 01.04.2025 received from Raghu N, Police Officer attached to the K.R.Nagar Police Station, Mysore District. 4. Apprehending arrest petitioner had filed Crl.Misc.No.592/2025 before the jurisdictional Sessions Court - 3 - HC-KAR NC: 2025:KHC:21000 CRL.P No. 7293 of 2025 which was rejected on 28.04.2025. Therefore, he is before this Court. 5. FIR in the present case was registered based on the credible information received by the first informant on 01.04.2025, that petitioner had kept about 6 to 7 kgs. of contraband article allegedly Ganja in his Goods Auto Rickshaw bearing registration No.KA-45-3909 for the purpose of sale to the public. On receipt of such information after registering FIR against the petitioner, a raid was allegedly conducted on 01.04.2025 and from the aforesaid auto rickshaw which was parked in front of the petitioner's house contraband article allegedly Ganja totally weighing 6 kg 775 grams was recovered and subjected to panchanama. Petitioner who was allegedly present near the aforesaid goods auto rickshaw when the police came near his house, had managed to escape. 6. Perusal of the recovery mahazar would go to show that the raid was conducted on the night of 01.04.2025 at about 11.30 p.m. and the recovery mahazar was prepared on the intervening night of 01.04.2025 and 02.04.2025 between - 4 - HC-KAR NC: 2025:KHC:21000 CRL.P No. 7293 of 2025 11.30 p.m. to 2.00 a.m. Since the raid was conducted after the sunset, compliance of Section 41 or Section 42 of the Act, 1985, becomes necessary in the present case. Seizure is from a conveyance and therefore compliance of Section 41 of the Act, 1985 becomes necessary. In the event the police Officer is not in a position to comply the requirement of Section 41 of the Act 1985 by obtaining necessary search warrant from the jurisdictional Magistrate, he is required to record the reason to believe that search warrant or authorization cannot be obtained without affording opportunity for the concealment of evidence or facility for escape of the offender and thereafter search any conveyance or building. 7. In the case on hand, the police Officer has neither obtained any search warrant or authorization from the jurisdictional Magistrate in compliance of Section 41 nor has he recorded the reason to believe in compliance pf the proviso to Section 42 of the Act, 1985. 8. Undisputedly, the petitioner has no other criminal antecedents and he has undertaken to cooperate with the - 5 - HC-KAR NC: 2025:KHC:21000 CRL.P No. 7293 of 2025 Police for the purpose of investigation of the case. The seized contraband article is of intermediate quantity. Therefore, the rigor under Section 37(1)(b) of the Act, 1985, cannot be made applicable as against the petitioner herein. Under the circumstances, I am of the opinion that petitioner has made out a case for grant of anticipatory bail. 9. Accordingly, the following. O R D E R The Criminal Petition is allowed. The Respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in Crime No.153/2025 registered by K.R.Nagar Police Station, Mysore District, for the offences punishable under Section 20(b) (ii) (B), 8C of NDPS Act, 1985, subject to the following conditions: a. The Petitioner is directed to appear before the Investigation Officer in the present case on 25.06.2025 between 10.00 a.m. and 11.00 a.m. and on the said date, if necessary, the Investigation Officer is at liberty to take petitioner to the custody for the purpose of interrogation. However, it is made clear that petitioner shall be released on the same date on or before 6.00 p.m. and petitioner - 6 - HC-KAR NC: 2025:KHC:21000 CRL.P No. 7293 of 2025 shall execute a personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer. b. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. d. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE RU List No.: 2 Sl No.: 3