- 1 - HC-KAR NC: 2025:KHC:20678 CRL.P No. 7604 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7604 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: AREEB MOHAMMED, S/O ABU MOHAMMED, AGED ABOUT 31 YEARS, R/AT H.N-991, ABDULLA MANZIL, GULZAR STREET, BHATKALA, UTTARA KANNADA DISTRICT, PIN – 581 320. …PETITIONER (BY SRI. HALEEMA AMEEN, ADVOCATE) AND: THE STATE, BY CEN POLICE STATION, UDUPI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. …RESPONDENT (BY SRI. JAGADEESHA B. N., ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CEN P.S., CRIME NO.13/2025 OF CEN POLICE STATION, UDUPI REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTION 8(C), 20(b)(ii)(B) OF NDPS ACT PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT UDUPI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20678 CRL.P No. 7604 of 2025 ORAL ORDER This is a petition filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Sections 8(c), 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985, registered in respondent Police Station in Crime No.13/2025. 2. The brief facts of the prosecution case as per the complaint averments are that the complainant got the information that one person has brought ganja from Vijayawada and was present near Tangode 2nd cross, of 80th Badagabettu Village. He obtained permission from Superintendent of Police, secured pancha witnesses and so also Gazetted Officer for personal search and reached the spot at about 5.30 p.m. and found the accused herein with a backpack on a public road leading to Manipal Tree Park from Manipal, who seemed to be in hurry and making phone calls repeatedly. Upon conducting raid, he tried to escape but he was apprehended. On detailed enquiry, he conceded to have possessed ganja and purchased the same from an unknown person in Vijayawada on 11.04.2025 and he arrived from Bhatkala to sell ganja. Gazetted Officer conducted search of the Vimal Pan - 3 - HC-KAR NC: 2025:KHC:20678 CRL.P No. 7604 of 2025 Masala bag in his hand. It contained ganja leaves, buds, seeds weighing 2.504 kgs worth Rs.2,00,000/-. Similarly, on searching his 'American Traveller' backpack, two dull yellowish-brown (Khaki) plastic covers contained ganja leaves, buds, seeds weighing 2.406 kgs worth Rs.1,90,000/- and 2.394 Kgs worth Rs.1,85,000/-. Similarly, on his personal search, cash, two mobile phones, train ticket from Brahmapur to Vijayawada, bus ticket in his name from Vijayawada to Bengaluru were also found. All articles were seized under panchanama. Thereupon, complaint came to be lodged based on which above crime is registered. 3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned Additional SPP appearing for the respondent-State and perused the material on record. 4. A perusal of the material on record comprising of FIR, complaint, charge sheet materials, statement of witnesses, documents, etc., will clearly indicate that nowhere it is stated by the complainant that after receipt of credible information he has reduced the same into writing in the station house diary in compliance of Sec.42 of the NDPS Act. Apart from that there is no - 4 - HC-KAR NC: 2025:KHC:20678 CRL.P No. 7604 of 2025 specific averments that within 72 hours he has sent the information to his superior officers. So also there is no averments in the complaint that when they apprehended the said person apart from conducting personal search they have not explained about the legal rights. The petitioner has to exercise his option as to whether the search is to be conducted in the presence of Gazetted Officer or before the Magistrate. Absolutely there is nothing mentioned in the complaint about all these mandatory requirements under the NDPS Act. The petitioner contended that there is a false implication and he is innocent and not at all involved in committing the said offence and he has undertaken that he is ready to abide by any reasonable conditions to be imposed by the Court. The alleged quantity of 7.304 KG ganja has already been seized as per the prosecution case. The petitioner is in custody. For the present nothing further is to be seized from his possession. The quantity of ganja alleged to have been seized is 7.304 kg, which is below the commercial quantity and the alleged offence is not exclusively punishable with death or imprisonment for life. - 5 - HC-KAR NC: 2025:KHC:20678 CRL.P No. 7604 of 2025 5. In view of the aforesaid facts and circumstances of the case, the petitioner is entitled to be released on bail by imposing certain conditions. 6. Accordingly, the Petition is allowed. The petitioner- accused is ordered to be released on bail, subject to the following conditions: i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) and shall furnish one surety for the likesum to the satisfaction of the trial Court. ii. Petitioner shall not tamper or attempt to tamper with any of the prosecution witnesses, directly or indirectly. iii. Petitioner shall appear before the concerned Court regularly and as and when required. iv. Petitioner shall mark his attendance before the SHO of the concerned Police Station between 10 a.m. and 2 p.m., once in every two weeks for a period of three months. v. Petitioner shall not get involved in similar offences. - 6 - HC-KAR NC: 2025:KHC:20678 CRL.P No. 7604 of 2025 vi. Petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court. If any of these conditions are violated, the prosecution is at liberty to move the matter for cancellation of bail. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 1