- 1 - HC-KAR NC: 2025:KHC-D:9087 CRL.P No. 102666 of 2025 C/W CRL.P No. 102871 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102666 OF 2025 (439 OF Cr.PC/483 OF BNSS) C/W CRIMINAL PETITION NO. 102871 OF 2025 IN CRL. P. NO. 102666 OF 2025 BETWEEN: 1. REHMAN BAIG S/O. SALEEM BAIG SAVANOOR, AGE: 26 YEARS, OCC: COOLIE, R/O. MAKBOOLIYA NAGAR, HANAGAL TQ., HAVERI DIST-581104. 2. NISSAR AHMED S/O. MEHBOOB NAIKNAVAR, AGE: 44 YEARS, OCC: AUTO DRIVER, R/O. KANCHIGERE STREET, HANGAL, HAVERI DIST-581104. …PETITIONERS (BY SRI. ANWAR BASHA B., ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH BENDIGERI P.S. HUBBALLI), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT: DHARWAD-580001. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S.483 OF BNSS), SEEKING TO ALLOW THIS PETITION Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9087 CRL.P No. 102666 of 2025 C/W CRL.P No. 102871 of 2025 AND ENLARGE THE PETITIONER/ACCUSED NO.1 AND 3 ON BAIL IN CR.NO.66/2025 REGISTERED IN BENDIGERI PS HUBBALLI, FOR THE OFFENCES UNDER SECTIONS 20(b)(ii), (B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985, PENDING INVESTIGATION OF THE CASE BEFORE PRL DIST AND SESSIONS JUDGE DHARWAD, IN THE INTEREST OF JUSTICE. IN CRL.P. NO. 102871 OF 2025 BETWEEN: MOHAMMEDSHAHID S/O. NOORAHMED YALIGAR, AGE: 23 YEARS, OCC: MASON, R/O. BELAGALPETH, TQ. HANAGAL, DIST. HAVERI. …PETITIONER (BY KUMARI ALPHIA SHIRALLI, ADV. FOR SRI. K. M. SHIRALLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH BENDIGERI POLICE STATION, HUBBALLI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S.483 OF BNSS, 2023) SEEKING TO ORDER THE RELEASE OF THE PETITIONER/ACCUSED NO.2 ON BAIL, IN BENDIGER P.S. CR.NO.66/2025, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(b)(ii)(B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE DHARWAD, IN THE INTEREST OF JUSTICE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9087 CRL.P No. 102666 of 2025 C/W CRL.P No. 102871 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.Anwar Basha B., learned counsel for the petitioners and Sri.Jairam Siddi, learned High Court Government Pleader for respondent-State. 2. Crl.P.No.102666/2025 is filed by accused Nos.1 and 3, whereas Crl.P.No.102871/2025 is filed by accused No.2 in connection with Crime No.66/2025 of Bendigeri Police Station, Hubballi, for the offences punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act-1985. 3. The brief facts of the prosecution case are as under: On 26.05.2025, the first informant, a PSI of Bendigeri Police Station, received credible information that some unknown persons were transporting ganja to Hubballi near the old RTO in a car. Accordingly, the first informant - 4 - HC-KAR NC: 2025:KHC-D:9087 CRL.P No. 102666 of 2025 C/W CRL.P No. 102871 of 2025 secured panchas and sub-staff, and conducted a raid. Upon inspection, they found 10 kg 538 grams of ganja, valued at Rs.12,64,560/-. While the ganja was being shifted from the car to an auto rickshaw, the first informant seized the contraband through a mahazar (panchanama) and lodged a complaint. This led to the registration of an FIR and initiation of investigation. 4. During the course of investigation, the petitioners were arrested and in turn, they were remanded to the judicial custody. 5. Learned counsel for the petitioners contended that the petitioners are innocent of the alleged offences; they have not committed any offences; the police have not seized anything from the petitioners and the contraband were recovered in a car. The petitioners are no way concerned either to the car or the ganja in question; hence they prayed for grant of bail. - 5 - HC-KAR NC: 2025:KHC-D:9087 CRL.P No. 102666 of 2025 C/W CRL.P No. 102871 of 2025 6. Per contra, learned High Court Government Pleader for respondent-State contended that there are reasonable grounds to believe that these petitioners are guilty of the alleged offences. The contraband seized is of intermediate quantity; if bail is granted, they may jump the bail conditions and would commit similar offences and tamper with prosecution witnesses, thus, prayed for rejection of petition. 7. Having heard both sides and upon perusal of the material available on record, it is revealed that on 26.05.2025 at about 2:00 p.m., the first informant received information regarding the transportation of ganja in a car. Accordingly, he secured panchas and, along with his sub-staff, conducted a raid on the petitioners. During the raid, they found 10kg 538 Grams of ganja worth Rs.12,64,560/-, three mobile phones, a Fiat Punto car, a Bajaj auto rickshaw, and other items, same were seized under a panchanama, thus a complaint was lodged. - 6 - HC-KAR NC: 2025:KHC-D:9087 CRL.P No. 102666 of 2025 C/W CRL.P No. 102871 of 2025 8. On perusal of the Seizure Panchanama and report of complainant, nowhere the first informant has stated that ganja was seized from the possession of these petitioners, but it was seized from the dickey of car and auto rickshaw, which belongs to accused Nos.4 and 5 respectively. It shows that these petitioners are not owners of car and auto rickshaw seized in this case. 9. The learned counsel for petitioners contended that, the car and auto rickshaw are not belong to the petitioners and nothing is recovered from the possession of petitioners and therefore, rigours of Section 37 of NDPS Act is not applicable to the case on hand and petitioners are not an habitual offenders. 10. At this juncture it is relevant to refer to Section 37 of the NDPS Act which reads as under: "Section 37. Offences to be cognizable and nonbailable. -- (1) Notwithstanding anything - 7 - HC-KAR NC: 2025:KHC-D:9087 CRL.P No. 102666 of 2025 C/W CRL.P No. 102871 of 2025 contained in the Code of Criminal Procedure, 1973 (2 of 1974),-- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for 1 [offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless— (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.]." - 8 - HC-KAR NC: 2025:KHC-D:9087 CRL.P No. 102666 of 2025 C/W CRL.P No. 102871 of 2025 11. It is the contention of learned counsel for petitioners that, although the contraband alleged to have been seized from a car and auto rickshaw though it would amount to intermediate quantity, the same is not seized from the possession of petitioners, and they are not concerned to the car, auto rickshaw and ganja seized by the first informant. 12. On perusal of the material available on record and as per the contents of FIR, it is clear that ganja was not seized from the possession of these petitioners, and the same was seized from the car and auto rickshaw said vehicles are not belonging to these petitioners, but they belongs to accused Nos.4 and 5 respectively. Under such circumstances, prima facie there are no materials forthcoming in the records, to satisfy that, there are reasonable grounds for believing that accused Nos.1 to 3, are guilty of the offences. However, the twin conditions enumerated under Section 37(1)(d) of the NDPS Act being satisfied and also considering the seriousness and gravity - 9 - HC-KAR NC: 2025:KHC-D:9087 CRL.P No. 102666 of 2025 C/W CRL.P No. 102871 of 2025 of the crime, I am of the considered opinion that these cases are fit cases to grant bail to the petitioners. Hence, I proceed to pass the following : ORDER i. Crl.P.No.102666/2025 filed by accused Nos. 1 and 3 and Crl.P.No.102871/2025 filed by accused No.2, are hereby allowed. ii. The petitioners – accused Nos.1 to 3 are ordered to be enlarged on bail in Crime in Crime No.66/2025 of Bendigeri Police station, Hubballi, for the offences punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act-1985 on they executing a personal bond in a sum of Rs.2,00,000/- each with two sureties for like sum to the satisfaction of the jurisdictional Court, subject to the following conditions; iii. Petitioners – accused Nos.1 to 3 shall not tamper with prosecution witnesses directly or indirectly; - 10 - HC-KAR NC: 2025:KHC-D:9087 CRL.P No. 102666 of 2025 C/W CRL.P No. 102871 of 2025 iv. They shall co-operate with the Investigating Agency till conclusion of the investigation; v. They shall appear before the Trial Court regularly; and vi. They shall mark their attendance before the respondent - police on 1st and 16th of every month in between 10:00 a.m., and 5:00 p.m., for a period of six months or till filling of final report, whichever is earlier; On violation of any of the conditions, the bail granted automatically stands cancelled. Note: The observations made in this petition are only for the purpose of disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 17