- 1 - NC: 2025:KHC:629 CRL.P No. 13864 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13864 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. FARDIN SEIT S/O VALISEIT, AGED ABOUT 20 YEARS, R/O WARD NO.18, PENSION MOHALLA, HASSAN DISTRICT-573 201. 2. FAHAD SHARIFF S/O SAJJAD SHARIFF, AGED ABOUT 21 YEARS, R/O 9TH CROSS, SHANTHINAGARA, NEAR CORNER BAKERY, AT PRESENT RESIDING IN APARTMENT NEAR MST CONVENTION HALL, MIRZA MOHALLA, HASSAN-573 201. …PETITIONERS (BY SRI. RAVI M.M., ADVOCATE) AND: STATE BY EXCISE POLICE SAKALESHPURA RANGE, HASSAN DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:629 CRL.P No. 13864 of 2024 HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NOS.1 AND 2 ON REGULAR BAIL IN CRIME NO.362/2024 (POLICE CR.NO.21/2024-25/2003IE/200309) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 22, 25 AND 8(C) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 OF THE RESPONDENT EXCISE POLICE, SAKALESHPURA RANGE, HASSAN DISTRICT, PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred by petitioners/accused Nos.1 and 2 praying to enlarge them on bail in FIR No.21/2024- 25/2003IE/200309 registered by the Karnataka Excise Department, Sakleshpura Sub-Division, Hassan District, for the offence punishable under Section 22, 25 and 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). - 3 - NC: 2025:KHC:629 CRL.P No. 13864 of 2024 2. Brief facts of the case are: On receipt of a credible information on 28.11.2024 at 10.17 p.m. regarding possession of Methamphetamine crystal powder for the purpose of sale and transportation, Sub-Inspector of police, Sakaleshpura Sub-Division, after obtaining permission from his superior officer, secured panchas and went to Malali village, near the Coffee Garden of Horatti Papannagowda. They noticed a Scooty bearing Registration No.KA-13-EZ-5303 Access 125 coming from the side of Malali village. When they tried to stop the said Scooty, the rider of the Scooty made an attempt to escape. However, they managed to apprehend both the accused and on search, it was found that the accused had concealed about 8.53 grams of Methamphetamin in a plastic pouch. The accused were arrested and contraband was seized and sent to FSL for examination. 2. Learned High Court Government Pleader has contended that the accused/petitioners were found in - 4 - NC: 2025:KHC:629 CRL.P No. 13864 of 2024 possession of prohibited drug and offence committed by them is punishable with imprisonment which may extend to 10 years. He, further contended that investigation is not yet completed and the Methamphetamin drug is dangerous for human consumption having great impact on the society and therefore the petitioners are not entitled for bail. Hence, sought for dismissal of the petition. 3. Learned counsel for the petitioners has contended that the petitioners are innocent and they are falsely implicated in this case. Without any test, it is falsely alleged that the seized substance is a narcotic drug and the petitioners are illegally detained and are in judicial custody from 28.11.2024. He, further contended the drugs seized in this case is not a commercial quantity. There are no criminal antecedents against the petitioners and the petitioners are young boys aged about 20-21 years and they are ready to abide by any conditions - 5 - NC: 2025:KHC:629 CRL.P No. 13864 of 2024 imposed by the Court. Hence, prayed for allowing the petition. 4. The prosecution is claiming that the seized substance is Methamphetamine on the basis of confession statements of the accused. However, there is no material at this stage to show what was alleged to be seized from the petitioners is Methamphetamine. Seized drug is not a commercial quantity. It is also the contention of the learned counsel for the petitioners that the alleged drug was not seized from the exclusive possession of the petitioners, but it was found in the dicky of the Scooty and therefore, it cannot be said that either of the petitioner has concealed the same in the dicky of the Scooty. 5. The petitioners are already arrested and interrogated. They are in custody since 28.11.2024. They have no criminal antecedents. Considering the said facts and circumstances, the relief sought by the petitioners can be granted by imposing conditions. Hence, the following: - 6 - NC: 2025:KHC:629 CRL.P No. 13864 of 2024 ORDER i. Petition is allowed. ii. Petitioners/accused Nos.1 and 2 in FIR No.21/2024-25/2003IE/200309 registered by the Karnataka Excise Department, Sakleshpura Sub-Division, Hassan District, pending on the file of the Court of the Principal District and Sessions Judge, Hassan, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. - 7 - NC: 2025:KHC:629 CRL.P No. 13864 of 2024 4. They shall not indulge themselves in committing any offence. 5. They shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 46