- 1 - NC: 2025:KHC:1227 CRL.P No. 12210 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12210 OF 2024 BETWEEN: NAWAZ PASHA @ LX, S/O AMANULLA, AGED ABOUT 27 YEARS, R/O NO. 43, 6TH MAIN, 6TH CROSS, VINAYAKANAGARA, HAEGUDDADAHALLI, NEAR KING PALACE, BANGALORE - 560 026. …PETITIONER (BY SMT. UMA C. KUMAREGOWDA, ADVOCATE) AND: STATE OF KARNATAKA BY SHO, J.J. NAGAR P S, BENGALURU - 560 078, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.160/2023 FOR THE ALLEGED OFFENCE P/US/22(C) OF NDPS ACT REGISTERED BY THE RESPONDENT/J.J.NAGAR Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:1227 CRL.P No. 12210 of 2024 POLICE STATION, BENGALURU NOW PENDING ON THE FILE OF THE HONBLE 33rd ADDITIONAL CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Case of the prosecution is that on 28.09.2024 at about 02:00 p.m., complainant, working as a PSI at Jagajeevanram Nagar Police Station, received an information that at tempo stand, near Oil Galli, Arfath Nagar, Padarayanapura, one person aged about 25-30 years, wearing black full sleeves jacket and grey jeans, was selling MDMA to the public. On receiving the said information, he registered a suo-moto case against un-known person in Crime No.160/2024 for offence - 3 - NC: 2025:KHC:1227 CRL.P No. 12210 of 2024 punishable under Section 22(c) of the NDPS Act and informed the matter to his higher officer, obtained permission to conduct raid and along with panchas and staff went to the spot. Petitioner was apprehended and 28.12 grams of MDMA was recovered from his possession under a Mahazar. 3. The learned counsel for petitioner has contended that the procedure contemplated under law for search and seizure has not been followed and the petitioner has been falsely implicated in this case. She contended that petitioner is the only bread earning member of his family and he has been interrogated and therefore, not required for further interrogation. Hence, sought to enlarge the petitioner on bail by imposing any conditions. 4. Learned High Court Government Pleader has opposed the prayer contending that investigation is in progress and the petitioner is involved in other criminal - 4 - NC: 2025:KHC:1227 CRL.P No. 12210 of 2024 cases and in view of prima-facie material on record, he is not entitled for the relief of bail. 5. Learned Sessions Judge while dismissing the bail petition has observed that 10 grams of MDMA is a commercial quantity and therefore, what was seized from the possession of accused is a commercial quantity and under Section 37 of the NDPS Act, there is a bar to grant bail, as there is a prima-facie case against the petitioner in regard to the possession of Narcotic drug. 6. In this case, investigation is not yet completed. More over when the bail petition was rejected by the learned Sessions Judge, the FSL report was also not available to know as to whether the contraband seized was either MDMA or any other drug. Hence, it is just and proper to provide an opportunity to the petitioner to approach the learned Sessions Judge once the investigation is completed and FSL report is placed before the Court. If any such petition is filed, the learned Sessions Judge shall consider the prayer of petitioner for - 5 - NC: 2025:KHC:1227 CRL.P No. 12210 of 2024 bail afresh without being influenced by the earlier order. With the said observation, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 33 CT: BHK