- 1 - HC-KAR NC: 2025:KHC:51986 CRL.P No. 8327 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 8327 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. IBRAHIM ARSHAD V K S/O IBRAHIM AGED ABOUT 30 YEARS R/AT 47A (4/74), AYISHA MANZIL DHOOMARA KAADU MINZA PANCHAYATH MIYAPADAVU, MANJESHWARA KASARAGOD, KERALA-671323. &PETITIONER (BY SRI. ABDUL ANSAR P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KANKANADY TOWN POLICE MANGALORE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-1. &RESPONDENT (BY SRI.CHANNAPPA ERAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 Cr.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.31/2024 REGISTERED BY KANKANADY TOWN POLICE ARISED OUT OF CRIME No.71/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(C), 22(c) AND 27(b) OF NDPS ACT. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51986 CRL.P No. 8327 of 2025 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 the sole accused under Section 483 of BNSS / 439 of Cr.P.C. praying to grant bail in Spl.C.No.31/2024 (arising out of Crime No.71/2023 of Kankanady Town Police Station) registered for offences punishable under Sections 8(c), 22(c), 27(b) of NDPS Act, pending on the file of Principal District and Sessions Judge, Mangalore. 2. Heard learned counsel for petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that the sampling has not been done in the presence of the accused. On that ground, the petitioner is entitled for bail. He has placed reliance on the decision of co-ordinate Bench of this Court in WP No.13661/2024. He further - 3 - HC-KAR NC: 2025:KHC:51986 CRL.P No. 8327 of 2025 submits that grounds of arrest are not furnished to the petitioner. He further submits that the petitioner is in judicial custody since more than two years and trial is not yet concluded and only some witnesses are examined. With these he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the quantity of contraband seized is 100 grams of Methamphetamine and it is a commercial quantity. The offence alleged against the petitioner is punishable with imprisonment which may extend to 20 years. The petitioner is having criminal antecedents involved in 6 cases 5 in Kerala and one in Karnataka and the present case. If the petitioner is granted bail, he will tamper the prosecution witnesses and flee from justice and commit similar offences. With this she prayed to reject the petition. 5. Having heard the learned counsels, the court perused the charge sheet and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:51986 CRL.P No. 8327 of 2025 6. The quantity of contraband seized is 100 grams and in the FSL report it is found to be Methamphetamine. The quantity of Methamphetamine seized is a commercial quantity. Therefore, rigor of Section 37(1)(b)(ii) of NDPS Act is applicable. Learned counsel for the petitioner who has admitted that there is no compliance of keeping the petitioner present at the time of sampling as required under Section 52A of NDPS Act. But in that regard he has not taken any grounds in his petition and not produced any documents. When asked, he has produced a certificate issued by JMFC VII Court, Mangalore. Only considering this document at this stage, it cannot be said whether accused was present at the time of drawing samples under Section 52A of NDPS Act. The other ground raised by the counsel for petitioner is that the grounds of arrest are not furnished. The learned counsel for petitioner has not produced the order of remand of the petitioner and other documents to ascertain whether grounds of arrest are furnished to him or not. The petitioner knows the grounds - 5 - HC-KAR NC: 2025:KHC:51986 CRL.P No. 8327 of 2025 on which he has been arrested, i.e., possessing narcotic drug of commercial quantity. The petitioner is in custody since more than 2 years. The trial is in progress. The prosecution has already examined some of the witnesses and it has to examine remaining witnesses. The offence alleged against the petitioner is punishable with imprisonment which may extend to 20 years. Petitioner is having criminal antecedents and he is involved in six cases which includes two cases for the offence under NDPS Act. 7. Considering the above aspect, the petitioner has not made out grounds for grant of bail. In the result, the petition is dismissed. The trial Court is directed to conclude the trial at the earliest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 24 Ct.sm