- 1 - HC-KAR NC: 2025:KHC:25178 CRL.P No. 7959 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7959 OF 2025 BETWEEN: 1. SYED DASTAGIR @ DASTU S/O. SYED REHAMATH, AGED ABOUT 27 YEARS, R/AT NO.204, 3RD CROSS, 2ND MAIN, NEW GURAPPANPALYA, BTM LAYOUT, BANGALORE-560029. …PETITIONER (BY SRI. MOYEENULLA ABBASI., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHESHADRIPURAM POLICE STATION BY SPP HIGH COURT BUILDINGS-560001 …RESPONDENT (BY SMT RASHMI PATEL, HCGP) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER (ACCUSED NO.1) IN CR.NO.1/2025 REGISTERED BY SESHADRIPURAM P.S. OF SPL.CC.NO.968/2025, PENDING ON THE FILE OF XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) (CCH-35), BANGALORE, FOR THE OFFENCES P/U/S 20(c),21B OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25178 CRL.P No. 7959 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.C.No.968/2025 pending before the Court of XXXIV Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru arising out of Crime No.1/2025 registered by Seshadripuram Police Station, Bengaluru for offences punishable under Sections 22(C) and 21(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) 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.1/2025 was registered by Seshadripuram Police Station, Bengaluru initially for the offences punishable under Section 22 (C) of the NDPS Act against the petitioner herein based on the first information dated 01.01.2025 received from Sarfaraz Nawaz, who is the Police Officer attached to Seshadripuram Police Station. 4. During the course of investigation, petitioner herein was arrested on 01.01.2025 and subsequently, remanded to judicial custody. After completing the investigation, charge - 3 - HC-KAR NC: 2025:KHC:25178 CRL.P No. 7959 of 2025 sheet has been filed against him. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.4116/2025 was rejected on 29.05.2025. Therefore, petitioner is before this Court. 5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. Even if the prosecution case is presumed to be true, initially only 9 grams of contraband article allegedly MDMA was seized from the petitioner. The second seizure of 72 grams of contraband article allegedly MDMA was seized from a car on 02.01.2025. The prosecution has failed to connect the petitioner in any way to the said car and the prosecution has also not explained why the seizure was made on 02.01.2025 when the petitioner had allegedly confessed on 01.01.2025 itself about he having kept contraband articles inside the car. Investigation of the case is completed. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP who has opposed the prayer made in the bail application, fairly submits that the prosecution has not collected any material against the petitioner to connect the car from which seizure was made on - 4 - HC-KAR NC: 2025:KHC:25178 CRL.P No. 7959 of 2025 the next date. She also submits that prosecution has not even recorded the statement of Fakhruddin, who allegedly had handed over the car to the petitioner. She, however, submits that contraband articles seized in the present case is of commercial quantity and accordingly, she prays to dismiss the petition. 7. FIR was registered against unknown persons based on the credible information received by the first informant on 01.01.2025 that a person aged about 25 to 30 years was making attempts to sell contraband article near a ground adjacent to Om Shakti Temple within the jurisdiction of Seshadripuram Police Station. In the raid that was held subsequently at about 5.00 p.m. on 01.01.2025, the police had apprehended the petitioner who allegedly was making attempts to sell contraband articles to the public and from his possession, contraband article allegedly MDMA weighing 9 grams was recovered. His confession statement was also recorded on the same day and it is alleged that petitioner had confessed that he had kept remaining quantity of contraband article inside a car which was parked near the Bar at Rishildar Street and though such a confession was made by the - 5 - HC-KAR NC: 2025:KHC:25178 CRL.P No. 7959 of 2025 petitioner, immediately after he was arrested on the evening of 01.01.2025, the recovery of contraband article from the car was made by the police on 02.01.2025. 8. 8. Statement made by the learned counsel for the petitioner that the place where the car was parked is at a distance of about 500 meters from police station is not seriously disputed by learned HCGP. 9. Learned HCGP has fairly submitted that police has not collected any material to connect the petitioner to the car bearing registration No.UP-32-DF-8055 from which contraband article allegedly MDMA totally weighing 72 grams was seized on 02.01.2025. According to the prosecution, the petitioner had confessed that the said car was handed over to him by his friend Fakhruddin. Learned HCGP has submitted that the prosecution has not recorded the statement of the aforesaid Fakhruddin. Therefore, at this stage, the prosecution has not placed any material to show that the car from which contraband article was seized on 02.01.2025 was in any way connected to the petitioner. Further, the prosecution has also not explained why the seizure of contraband article made on - 6 - HC-KAR NC: 2025:KHC:25178 CRL.P No. 7959 of 2025 the next date though the petitioner had confessed on 01.01.2025 itself, about he having parked the car near by, in which he had kept contraband articles. The FSL report which is now received would go to show that contraband article has tested positive to drug known as Methamphetamines. Contraband article, initially seized from the possession of the petitioner weighed 9 grams, which is considered as intermediate quantity. Undisputedly, the petitioner has no criminal antecedents. Considering the aforesaid aspects of the matter, the rigor under Section 37 (1) (b) of the NDPS Act cannot be made strictly applicable against the petitioner. Investigation of the case is completed and charge sheet has been already filed. Under the circumstances, prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.1/2025 of Seshadripuram Police Station Police, Bengaluru registered for the offences punishable under Sections 22(C) and 21(B) NDPS Act, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC:25178 CRL.P No. 7959 of 2025 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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; 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 VM List No.: 1 Sl No.: 5