- 1 - HC-KAR NC: 2025:KHC:21874 CRL.P No. 7360 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7360 OF 2025 BETWEEN: MOHAMMED ASFAN S/O MOHAMMED ASLAM AGED ABOUT 23 YEARS R/AT 10TH MILE, PARANGIPETE TOWN, PUDU POST, BANTWALA TALUK, DAKSHINA KANNADA DISTRICT - 574 143. …PETITIONER (BY SRI SUDHANVA D.S, ADV.) AND: THE STATE OF KARNATAKA BY CEN CRIME POLICE, CHIKKAMAGALURU REPRESENTED BY H.G.C.P HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.31/2025 REGISTERED BY CEN CRIME POLICE STATION, CHIKKAMAGALURU FOR OFFENCE P/U/S.20(b)(ii)(B) AND 29 OF NDPS ACT, 1985, PENDING BEFORE THE PRL. DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21874 CRL.P No. 7360 of 2025 ORAL ORDER 1. Accused No.3 in Crime No.31/2025 registered by Chickmagalur CEN Crime Police Station, Chikkamagaluru, for the offences punishable under Sections 20(b)(ii)(B) and 29 of the 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.31/2025 was registered by Chickmagalur CEN Crime Police Station, Chikkamagaluru, for the aforesaid offences against Mohammaed Ashraf and others based on the first information dated 10.04.2025 received from Thippeswamy J S, Police Officer attached to Chickmagalur CEN Crime Police Station, Chikkamagaluru. Petitioner, who is arraigned as accused No.3 in the FIR was arrested on 10.04.2025 and subsequently, remanded to judicial custody. Bail application filed by him before the Trial Court in Crime No.31/2025 was rejected on 05.05.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that seized contraband article allegedly ganja in the present case - 3 - HC-KAR NC: 2025:KHC:21874 CRL.P No. 7360 of 2025 totally weighed 2 kgs 20 grams. Under the relevant Notification issued under the provisions of the NDPS Act, 1985, the aforesaid quantity of ganja is considered as intermediate quantity. Undisputedly, petitioner has no other criminal antecedents. He is in custody from 10.04.2025. Investigation in the case is completed and charge sheet has been filed. The maximum punishment for the alleged offences is imprisonment for a period of ten years. Since seized contraband article is of intermediate quantity, the rigour under Section 37(1)(b) of the NDPS Act, 1985, is not applicable to the case of the petitioner. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of 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 Crime No.31/2025 registered by Chickmagalur CEN Crime Police Station, Chikkamagaluru, for the offences punishable under Sections 20(b)(ii)(B) and 29 of the 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 - 4 - HC-KAR NC: 2025:KHC:21874 CRL.P No. 7360 of 2025 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; 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