- 1 - HC-KAR NC: 2025:KHC:25718 CRL.P No. 7978 of 2025 C/W CRL.P No. 5349 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7978 OF 2025 C/W CRIMINAL PETITION NO. 5349 OF 2025 IN CRL.P No. 7978/2025 BETWEEN: SRI SHANIL BABU AGED ABOUT 31 YEARS, S/O ABDUL SALAAM R/AT PAYYANANDAN ARIPRA ARIPRA P.O, ANAGDIPURAM MALAPPURAM, KERALA -679321 …PETITIONER (BY SRI BINU M, ADVOCATE) AND: STATE BY KARNATAKA WILSON GARDEN P S REP. BY HCGP/SPP, HIGH COURT OF KARNATAKA BENGALURU-01 …RESPONDENT (BY SRI RANGASWAMY.R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER IN SPL.C.C.NO.173/2025 ARISING OUT OF CRIME NO.229/2024, REGISTERED BY WILSON GARDEN POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 8(c), 22(c) AND 29 OF THE NDPS ACT 1985, WHICH IS PENDING BEFORE THE XXXIV ADDITIONAL CITY CIVIL AND Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25718 CRL.P No. 7978 of 2025 C/W CRL.P No. 5349 of 2025 SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT BENGALURU (CCH-35). IN CRL.P NO. 5349/2025 BETWEEN: NAVANEETH S/O SHREEJITH, AGED ABOUT 22 YEARS, R/AT ADVAITHAM, MOP ROAD, PATHIRIYAD PATHIRIYAD POST PINARAYI, KANNOOR KERALA STATE - 670741 ...PETITIONER (BY SRI. ISMAIL M. MUSBA, ADVOCATE) AND: STATE OF KARNATAKA BY SHO, WILSON GARDEN PS, BENGALURU - 560027 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560001. ...RESPONDENT (BY SRI RANGASWAMY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.CC.NO.173/2025 (ARISING OUT OF CRIME NO.0229/2024) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 8(c) AND 22(c) AND 29 OF NDPS ACT REGISTERED BY THE RESPONDENT/WILSON GARDEN POLICE STATION, BENGALURU, NOW PENDING ON THE FILE OF HONBLE ADDL. CIVIL AND SESSIONS JUDGE AND SPECIAL COURT OF NDPS (CCH-35), BENGALURU. - 3 - HC-KAR NC: 2025:KHC:25718 CRL.P No. 7978 of 2025 C/W CRL.P No. 5349 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 and 2 in SPl.C.C.No.173/2025, pending before the Court of XXXIV Additional City Civil and Sessions Judge and Special Judge, (NDPS)., Bengaluru, (arising out of Cr.No.229/2024), registered by Wilsongarden Police Station, Bengaluru for the offences punishable under Section 8 (c), 22 (c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short), are before this Court by filing these two petitions under Section 483 of Bharatiya Nyaya Suraksha Sanhita, 2023 (‘BNSS’ for short), seeking regular bail. 2. Heard the learned counsel for the parties. 3. First Information Report in Cr.No.229/2024 was registered by Wilsongarden police, Bengaluru, initially for the offences punishable under Sections 8 (c) and 22 (c) of NDPS Act against accused No.1 Navaneeth, based on the first information dated 28.10.2024, received from Nabisa Walikara, Police Officer attached to Wilsongarden police station, Bengaluru. During the course of investigation, accused No.1 - 4 - HC-KAR NC: 2025:KHC:25718 CRL.P No. 7978 of 2025 C/W CRL.P No. 5349 of 2025 Navaneeth was arrested and from his possession contraband article allegedly MDMA, totally weighing 110 grams was recovered and seized under a panchanama. 4. Based on the confession statement of accused No.1, accused No.2 was apprehended on 29.10.2024 and from his possession contraband article allegedly MDMA, totally weighing 865 grams and contraband article allegedly cocaine, totally weighing 407 grams were recovered and seized under panchanama. 5. Accused No.1 and 2 were subsequently produced before the jurisdictional Court and remanded to judicial custody. After completing the investigation, charge sheet has been filed against them for the aforesaid offences. Their bail application filed before the jurisdictional sessions Court was rejected. Therefore, they are before this Court in these two petitions. 6. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that the petitioners do not have any criminal antecedents. There is no compliance of Section 42 and Section 50 of NDPS Act in the - 5 - HC-KAR NC: 2025:KHC:25718 CRL.P No. 7978 of 2025 C/W CRL.P No. 5349 of 2025 present case. Therefore, recovery itself doubtful. Accordingly, they pray to allow the petition. 7. Per contra, learned High Court Government Pleader has opposed the petition. He submits that commercial quantify of contraband articles are seized from the possession of the accused in the present case. Therefore, in view of the rigour under Section 37 (1)(b) of NDPS Act, the prayer made by the petitioners needs to be rejected. He also submits that petitioners are from Kerala and it is difficult to secure their presence. 8. Perusal of the averments found in the first information dated 28.10.2024 would go to show that credible information was received by Sri Farooq Pasha, Police Inspector of Wilsongarden police station on 28.10.2024 and on receipt of the same, the first informant had reduced said information into writing in the station diary and thereafter a raid was conducted by the police team which included the first informant, Police Inspector - Farooq Pasha and others and from the alleged spot, accused No.1 was apprehended and from his possession contraband article allegedly MDMA totally weighing 110 grams was seized. In addition to the contraband articles, the mobile - 6 - HC-KAR NC: 2025:KHC:25718 CRL.P No. 7978 of 2025 C/W CRL.P No. 5349 of 2025 phone belonging to accused No.1 was also seized under the recovery mahazar. 9. In the first information though it is mentioned that the credible information received by the Inspector of Police was reduced to writing in the station diary, there is no such mention that the credible information which was reduced to writing was forwarded to the higher officers before proceeding to conduct the raid. Therefore, prima facie it appears that there is no compliance of Section 42 of the Act in the present case. 10. In the case of Karnail Singh vs State of Haryana, reported in Criminal Appeal No.36/2003, the Hon’ble Supreme Court has held that if the credible information is received when the police officer was in the police station with sufficient time to take action and if the police officer fails to reduce the credible information received into writing or fails to send a copy thereafter to the designated officer, then it is a suspicious circumstance being a clear violation of Section 42 of the Act. 11. Accused No.2 was apprehended in the present case on 29.10.2024. In addition to recovery of the contraband article from the bag which he was holding from his person, a mobile phone has also been recovered in the present case. - 7 - HC-KAR NC: 2025:KHC:25718 CRL.P No. 7978 of 2025 C/W CRL.P No. 5349 of 2025 Therefore, compliance of Section 50 of the NDPS Act becomes necessary. 12. Reading of the recovery mahazar under which the contraband article and mobile phone have been recovered from accused No.2 would go to show that there is absolutely no compliance of Section 50 of the Act. 13. Learned High Court Government Pleader has fairly submitted that no notice in compliance of Section 50 of the Act was issued to accused No.2 on the date of preparing recovery mahazar, under which the contraband articles and mobile phone belonging to accused No.1 was seized. 14. In the case of State of Rajasthan vs. Parmanand and another, reported in Criminal Appeal No.78/2025, the Hon’ble Supreme Court has held that compliance of Section 50 of the Act becomes mandatory even if any other article other than contraband article is recovered from the person of an accused. 15. Undisputedly, petitioners do not have any criminal antecedents. They are in custody for the last more than eight months. Trial in the present case is yet to commence. Since there is no compliance of Section 42 of the Act before - 8 - HC-KAR NC: 2025:KHC:25718 CRL.P No. 7978 of 2025 C/W CRL.P No. 5349 of 2025 proceeding to conduct a raid and of Section 50 of the Act insofar as it relates to accused No.2 is concerned, I am of the opinion that prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. The apprehension expressed by the learned High Court Government Pleader can be met with by imposing appropriate conditions. 16. Accordingly, the following: ORDER (i) The Criminal Petitions are allowed. (ii) The petitioners are directed to be enlarged on bail in Special C.C.No.173/2025, pending before the Court of XXXIV Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.229/2024, registered by Wilsongarden Police, for the offences punishable under Sections 8 (c) and 22 (c) and 29 of NDPS Act, subject to the following conditions: (a) Petitioners shall execute personal bonds for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the - 9 - HC-KAR NC: 2025:KHC:25718 CRL.P No. 7978 of 2025 C/W CRL.P No. 5349 of 2025 likesum (one local surety) to the satisfaction of the jurisdictional Court; (b) Petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; (c) Petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) Petitioners shall not involve in similar offences in future; (e) Petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE MR