- 1 - HC-KAR NC: 2025:KHC-D:12301 CRL.P No. 103624 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103624 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI MALIKSAB @ MALIKJAN S/O. MAKBULSAB SANADI, AGE. 34 YEARS, OCC. PRIVATE WORK, R/O. H.NO.134, HIRE-HATTIHOLI-591 131, TQ. KHANAPUR, DIST. BELAGAVI. … PETITIONER (BY SRI. VIDYASAGAR PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, (THROUGH MAL MARUTI POLICE STATION). … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYS THAT THE PETITIONER MAY BE ALLOWED AND PETITIONER/A1 MAY BE RELEASED ON BAIL IN MAL MARUTI P.S. CRIME NO.136/2025, FOR OFFENCES PUNISHABLE UNDER SECTION 21(B)(II)(B) OF NDPS ACT, WHICH IS PENDING BEFORE II ADDL. DISTRICT AND SESSION JUDGE BELAGAVI AT: BELAGAVI, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12301 CRL.P No. 103624 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Crime No.136 of 2025 registered by Malamaruthi Police Station, Belagavi, for offence punishable under Section 21(b)(ii)(B) of 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.136 of 2025 registered by Malamaruthi Police Station, Belagavi for the aforesaid offence based on first information dated 23.07.2025 received from Shrishail Hulageri, Police Officer attached to Malamaruthi Police Station, Belagavi. During course of investigation, petitioner herein was taken to custody on 23.07.2025 and subsequently remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.993 of 2025 was rejected on 21.08.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the first informant had received credible information on 22.07.2025 at about 19:30 hours, when he was in the Police - 3 - HC-KAR NC: 2025:KHC-D:12301 CRL.P No. 103624 of 2025 Station, about a person making attempt to sell the contraband articles ganja to public and on receipt of such information, he has reduced the same into writing in the station house diary and thereafter, informed his higher officers over phone and had conducted a raid to the alleged spot and at about 20:55 hours, he had apprehended the accused and from his possession, contraband article allegedly ganja totally weighing 1074 grams was recovered and seized under a pancharama. Thereafter, the apprehended accused and seized contraband articles were brought to the Police Station and FIR was registered against the petitioner. 5. First informant had received credible information in the present case on 22.07.2025 at about 19:30 hours while he was in the Police Station. Therefore, in compliance of Section 42 of the NDPS Act, he was required to reduce the said credible information into writing in the prescribed register and thereafter, ought to have forwarded the same to his higher officer and subsequently should have proceeded further. 6. In the case on hand, in the first information, it is stated that the credible information was received on 22.07.2025 - 4 - HC-KAR NC: 2025:KHC-D:12301 CRL.P No. 103624 of 2025 at about 19:30 hours and the same was reduced to writing in the station house diary and thereafter, the same was informed to the higher officers and a raid was conducted. The reading of the first information would also go to show that the alleged raid was conducted to the alleged spot at about 20:55 hours and after the petitioner was apprehended from the spot, contraband article allegedly weighing 1074 grams was seized from his possession under a panchanama. Perusal of the FIR would go to show that first information is submitted in the present case on 23.07.2025 at about 00:30 hours and even in the station house diary, the entry is made at the same time. Therefore, it appears that there is no compliance of Section 42 of the NDPS Act in the present case. Seized contraband articles allegedly ganja totally weighed 1074 grams and the same is little more than the small quantity. Ganja weighing up to 1000 grams is considered as small quantity and weighing above 20 kg is considered as commercial quantity. 7. In the present case, seized contraband article is little more than the small quantity and therefore, it has to be considered as intermediate quantity. Seized contraband article includes the stem, leaves, flower, seeds etc. of the plant and - 5 - HC-KAR NC: 2025:KHC-D:12301 CRL.P No. 103624 of 2025 therefore, a doubt arises whether the same would be considered as ganja within the meaning of Section 2(iii)(b) of the NDPS Act. Undisputedly petitioner has no criminal antecedent. Major portion of the investigation is completed. Seized contraband articles is not of commercial quantity and therefore the rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable against the petitioner. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in Crime No.136 of 2025 registered by Malamaruthi Police Station, Belagavi, for offence punishable under Section 21(b)(ii)(B) of NDPS Act, 1985, subject to the following conditions: i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. 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; - 6 - HC-KAR NC: 2025:KHC-D:12301 CRL.P No. 103624 of 2025 iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future; v. 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 RSH / CT:BCK LIST NO.: 1 SL NO.: 26