- 1 - NC: 2025:KHC:7665 CRL.P No. 14011 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14011 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI. BASANT JAGARI, S/O AAITE JAGARI, AGED ABOUT 24 YEARS, R/AT NO. 401, 10TH CROSS PENTAKEN TOWER, 28TH MAIN, HSR LAYOUT, BENGALURU - 560 102. ALSO AT PARASHURAMNAGAR, DADELDAR DSITRICT, MAHAKALI STATE, NEPAL. 2. SRI. MANOJ ZAGREE, S/O ITHE ZAGREE, AGED ABOUT 38 YEARS, R/A NO. 401, 10TH CROSS, PENTAKEN TOWER, 28TH MAIN, HSR LAYOUT, BENGALURU - 560 102. ALSO AT GODAVARINAGAR PALLIKA 4, KAILALI DISTRICT, MAHAKALI STATE, NEPAL COUNTRY. …PETITIONERS (BY SRI. SUBBA REDDY K.N, ADVOCATE) AND: THE STATE OF KARNATAKA BY COMMERCIAL STREET POLICE STATION, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7665 CRL.P No. 14011 of 2024 REPRESENTED BY THE 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 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL FOR THE CASE REGISTERED BY THE RESPONDENT POLICE THAT IS COMMERCIAL STREET P.S., FOR ALLEGED OFFENCE P/SU/ 20(b) OF NDPS ACT AND REGISTERED BY THE RESPONDENT POLICE IN CRIME NO.164/2024 ON THE BASIS OF THE COMPLIANT DATED 24.10.2024 PENDING ON THE FILE OF THE LEARNED XXXIII ADDL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) BENGALURU (CCH-33). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER It is the case of prosecution that on 24.10.2024 at about 05:00 p.m., the PSI of Commercial Street Police Station, received a credible information that 4 persons are trying to sell Charas near one Sharif mutton stall, Nala Road, Shivaji nagar, Bengaluru. 2. He registered a case in Crime No.164/2024 against unknown persons and informed the matter to his higher officer and obtained permission to conduct raid. - 3 - NC: 2025:KHC:7665 CRL.P No. 14011 of 2024 Thereafter, he along with panchas and his staff went to the spot and apprehended 4 accused persons. On enquiry they revealed their names and addresses. On search, they were found in possession of 2 kgs 100 grams of Charas, 14 plastic zip lock covers and cash of Rs.3,000/-. The said materials and cash along with a two wheeler bearing No.KA-51-JB-8892 were seized under a detailed panchanama drawn in the presence of panchas. 3. Learned counsel appearing for petitioners has contended that the petitioners are innocent of the alleged offence and they are falsely implicated in the case. They are in judicial custody since 24.10.2024 and as on today, charge sheet is not filed. They have no criminal antecedents and they are the sole bread winners of their family. It is contended that at this stage there are no reasonable grounds to believe that the petitioners are not guilty of the offence alleged. He has therefore, sought to allow the petition and enlarge the petitioners on bail. - 4 - NC: 2025:KHC:7665 CRL.P No. 14011 of 2024 4. Learned High Court Government Pleader has filed statement of objections. He has contended that the second petitioner i.e., accused No.3, Manoj Zagree has already approached this Court in Crl.P.No.12799/2024 and the said petition was dismissed by this Court on 17.02.2025, reserving liberty to him to approach the Sessions Court once the charge sheet is filed. He contended that a commercial quantity of Charas has been seized from the possession of the accused persons and the sample sent to the FSL have responded positive for Charas, hence there is a prima-facie case against the petitioners. He further contended, in view of the bar under Section 37 of the NDPS Act, petitioners are not entitled for bail. 5. After arrest of accused Nos.1 to 4, Charas weighing 2kgs 100 grams has been seized from their possession. 100 grams of Charas is small quantity and 1kg is a commercial quantity. Therefore, the contraband seized in this case is commercial quantity. - 5 - NC: 2025:KHC:7665 CRL.P No. 14011 of 2024 6. After seizure of the contraband, sample of the substance was sent to FSL for chemical examination. As per FSL report, sample sent have responded positive for Charas. Considering the material on record, at this stage it cannot be said that the petitioners are not guilty of the offence alleged against them. However, the charge sheet is yet to be filed. 7. Petitioner No.2 / accused No.3 was given liberty to file a fresh petition for bail before the Sessions Court after filing of charge sheet, in Crl.P.No.12799/2024. Hence, the said liberty can be reserved to petitioner No.1 as well. Petition is dismissed with the said observation. Sd/- (MOHAMMAD NAWAZ) JUDGE AMM,LDC List No.: 1 Sl No.: 23