- 1 - HC-KAR NC: 2025:KHC:38333 CRL.P No. 12763 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12763 OF 2025 BETWEEN: SHEIK SHABAZ S/O PAYAZ, AGED ABOUT 30 YEARS, R/AT SHARIFFGALLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT-577 101. …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND: THE STATE OF KARNATAKA BASAVANAHALLI POLICE STATION, REPRESENTED BY: STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE- 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO DIRECT THE RESPONDENT TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.72/2025 REGISTERED BY THE BASAVANAHALLI POLICE STATION, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, CHIKKAMAGALURU DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTION 8(c) AND 22(b) OF NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCES ACT, 1985, BY ACCEPTING SURETY OR ON ANY CONDITIONS. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38333 CRL.P No. 12763 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner /accused No.1 has preferred this petition under Section 483 of BNSS, 2023, to enlarge him on bail in Cr.No.72/2025 of Basavanahalli Police Station, Chikkamagaluru, registered for the offence punishable under Section 8(c), 22(a) of NDPS Act, 1985. 2. Heard both sides and perused the material on record. 3. The case of the prosecution in brief is that, on 10.8.2025 at about 9.00 p.m., the PSI of Basavanahalli Police Station, Chikkamagaluru, received a credible information that two persons are in possession of MDMA crystal, intending to sell it to the public. Based on the said information, a search warrant was obtained and along with panchas, the police went to Chandranagara, Bale Halli - 3 - HC-KAR NC: 2025:KHC:38333 CRL.P No. 12763 of 2025 Road, Chikkamagaluru Town, at about 10.05 p.m. while waiting at the spot, they noticed two persons coming on a scooter. They intercepted the scooter and on search, found that they were carrying 2 gms. 5 mgms. of MDMA crystal worth Rs.8,000/- in the dickey of the scooter. The said MDMA crystal was seized under a mahazar in the presence of panchas. 4. Admittedly, as per mahazar, the PSI asked the accused if they preferred to be searched in the presence of a gazetted officer or by the officer himself. It is not stated whether the accused consensed to being searched by the officer himself. The complainant is not a Gazetted Officer. The accused were not informed about their right of being searched in the presence of a Magistrate. Hence, the procedure as contemplated by law has not been followed while conducting search, notwithstanding the fact that the alleged contraband was found in the dicky of the scooter. - 4 - HC-KAR NC: 2025:KHC:38333 CRL.P No. 12763 of 2025 5. The Hon’ble Apex Court in Ranjan Kumar Chadha v. State Of Himachal Pradesh reported in 2023 LiveLaw (SC) 856 has held that Section 50 of the NDPS Act, envisions certain requirements for conducting searches, which include the right of the person to be searched to have the search conducted in the presence of a Gazetted Officer or Magistrate if he so desire. The Police Officer has the obligation to inform the person of his right before proceeding with the search. If the person declines to exercise this right, the search can proceed, but a written statement should be taken from the person indicating his choice. The communication of this right should be clear, either orally or in writing, and should provide only two options: a Gazetted Officer or a Magistrate, who must be independent and not connected to the raiding party. 6. Be that as it may, in the case on hand, the contraband seized is not a commercial quantity. - 5 - HC-KAR NC: 2025:KHC:38333 CRL.P No. 12763 of 2025 7. The learned High Court Government Pleader has contended that the FSL report is awaited and therefore, at this stage the petitioner is not entitled for bail and if he is granted bail, he may tamper with the evidence and flee from justice. 8. Petitioner is in custody since 10.8.2025. He has no criminal antecedents. He has been interrogated. He is not required for further interrogation/investigation. The apprehension of the prosecution can be safeguarded by imposing conditions. Hence, the following: ORDER I. Petition is allowed. II. Petitioner/accused No.1 in Crime No.72/2025 of Basavanahalli Police Station, Chikkamagaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two sureties for the - 6 - HC-KAR NC: 2025:KHC:38333 CRL.P No. 12763 of 2025 likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all the dates of hearing. Violation of any of the above conditions shall result in cancellation of the bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 36