- 1 - HC-KAR NC: 2025:KHC:49452 CRL.P No. 14886 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14886 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: HEENA KOUSAR W/O. THOWSIF AHAMED @ THOUSIF AHAMMED, AGED ABOUT 36 YEARS, RESIDING AT NO. 155, BEEDI COLONY, CHIKKA MANDYA KERE ANGALA MANDYA, KARNATAKA - 571 401. ADDRESS AS PER THE AADHAR CARD: NO.3758, 2ND CROSS, NEAR SAWMILLA, AZAD NAGAR, MANDYA, KARNATAKA - 571 401. …PETITIONER (BY SRI. AFROZ PASHA, ADVOCATE) AND: STATE OF KARNATAKA SHANTHIGRAMA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE HER ON BAIL IN CRIME NO.142/2025 FOR THE OFFENCES PUNISHABLE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49452 CRL.P No. 14886 of 2025 UNDER SECTIONS 20(b) (ii) C) OF NDPS ACT OF THE RESPONDENT POLICE i.e., SHANTIGRAMA POLICE STATION, HASSAN, 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 SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.3 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.142/2025 of Shantigrama Police Station, registered for offence punishable under Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances (NDPS) Act. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, the CPI who has received credible information on - 3 - HC-KAR NC: 2025:KHC:49452 CRL.P No. 14886 of 2025 registering a case has informed the same to Dy.SP. The said Dy.SP is a part of a raiding team and he was present during the entire process of raid. As per Section 50 of NDPS Act, the accused persons should be asked of their choice to be searched in the presence of Gazetted Officer and at that time, Gazetted Officer should not be present on the spot. The petitioner is a women and she is having a female child aged three (3) years. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the quantity of ganja seized is commercial quantity and the offence alleged is punishable with imprisonment which may extend to twenty (20) years. The FSL report indicates that, the contraband seized is positive for ganja. The petitioner is in conscious possession of contraband seized. The investigation is in progress. With these, she prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:49452 CRL.P No. 14886 of 2025 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint, Mahazar and other materials placed on record. 6. The CPI on receipt of credible information has registered a case in Crime No.142/2025 for aforesaid offence. On raid being conducted, the petitioner and other two accused persons were found carrying bag in the railway station. Upon searching the said bag, it contained 10 kgs 410 grams of ganja in the bag of this petitioner. Accused No.1 was carrying a bag and it contained 10 kgs 600 grams and accused No.2 was carrying a bag and it contained 10 kgs 220 grams of ganja. There is no personal search of the petitioners to comply Section 50 of NDPS Act. The ganja has been seized from the bag of the accused persons. The quantity of ganja seized from the petitioner is commercial quantity. The offence alleged against the petitioner is punishable with imprisonment which may extend to twenty (20) years. Considering the said aspect, at this stage, there are no reasonable grounds - 5 - HC-KAR NC: 2025:KHC:49452 CRL.P No. 14886 of 2025 for believing that the petitioner is not guilty of offence under NDPS Act. As quantity seized is commercial quantity, the provisions of Section 37 of NDPS Act apply. The petitioner is a woman and she is having a female child aged three (3) years is not a ground for grant of bail since the quantity of ganja seized from her possession is commercial quantity and the offence alleged is punishable with imprisonment which may extend to twenty (20) years. 7. Considering all the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 20