- 1 - HC-KAR NC: 2025:KHC:30057 CRL.P No. 9912 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9912 OF 2025 BETWEEN: IRFAN KHAN S/O AMJAD KHAN, AGED ABOUT 36 YEARS, R/AT NALABANDAWADI, WARD NO.14, NEAR RAJHA MASID, RAMANAGARA TOWN. …PETITIONER (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: THE STATE OF KARNATAKA BY EXCISE INSPECTOR, RAMANAGARA REGION, RAMANAGARA, REPRESENTED BY THE STATE PUBLIC PROSECTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP FOR RESPONDENT) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.69/2024- 2025/28031 E/ 280303 OF EXCISE POLICE, RAMANAGARA, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30057 CRL.P No. 9912 of 2025 RAMANAGARA RANGE NOW PENDING IN SPL.CASE NO.98/2025 ON THE FILE OF THE LEARNED PRL.DISTRICT AND SESSIONS JUDGE RAMANAGARA FOR THE OFFENCE P/U/S 20(b)(ii)(A),21(c),25 AND 8(c) OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS 2023 is preferred by the petitioner, praying to enlarge him on bail in FIR No.69/2024-25/2803IE/28303 dated 20.12.2024 registered for the offence punishable under Section 21C, 25 and 8C of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short ‘NDPS Act, 1985’), by the Karnataka Excise Department, Ramanagara Range, Ramanagara. 2. Charge sheet is filed for the offence punishable under Section 20(b)(ii)A, 21C, 25 and 8C of the NDPS Act, 1985 and the case is pending in Special Case No.98 of 2025, before the learned Principal District and Sessions Judge, Ramangara. - 3 - HC-KAR NC: 2025:KHC:30057 CRL.P No. 9912 of 2025 3. The complainant/Excise Inspector, Ramanagara Range has alleged that on 20.12.2024 at about 12.00 p.m. while he was on a patrolling duty, at about 12.30 in the noon, he received a credible information and based on the same, he came to Phool Bagh, Ward No. 18, Mehboob Nagar, Ramanagara town and conducted a raid in the house of the petitioner, wherein they found that the petitioner had concealed 2 plastic covers each containing 7.5 grams of ganja and 75 bottles each containing 100 ml of codeine phosphate and triprolidine hydrochloride syrup manufactured by ESkuf ESKuf - Laborate Pharmaceuticals India Ltd. Unit-II, No. 31, Rajbavan road, Nariwala, Pavonta Sahib (H.P). The said materials were seized under a mahazar and the petitioner was arrested. 4. The learned Sessions Judge has rejected the petition filed under Section 483 of BNSS 2023 in Criminal Misc. No.592 of 2025, vide order dated 01.07.2025. - 4 - HC-KAR NC: 2025:KHC:30057 CRL.P No. 9912 of 2025 Hence, the petitioner is before this court praying to enlarge him on bail. 5. The petitioner claims to be innocent. Learned counsel for the petitioner contended that there are no independent panchas secured at the time of seizure of the material and the mandatory provisions under Sections 42 of the NDPS Act are also not followed. He contended that the alleged seizure of Codeine phosphate and triprolidine hydrochloride are in syrup form and in the FSL report it is clearly stated that the complete analysis could not be carried out due to insufficient quantity of the sample. It is therefore contended that there is no prima facie case against the petitioner and even otherwise the ganja allegedly seized from his possession is a small quantity. He submitted that the petitioner is in custody from 20.12.2024, he is ready and willing to abide by any conditions. Accordingly, sought to allow the petition and enlarge the petitioner on bail. - 5 - HC-KAR NC: 2025:KHC:30057 CRL.P No. 9912 of 2025 6. Per contra, the learned High Court Government Pleader has contended that commercial quantity of codeine is 1 kg and the petitioner was found in possession of 75 bottles, each containing 100 ml of codeine phosphate and therefore, he was in possession of commercial quantity of the said material. He further contended that, the independent panchas were not available, hence, the raiding team consisting of Excise Inspector and other officials have conducted a raid, after preparing a search warrant and during search, found the Ganja and syrup bottles in the house of the petitioner. It is therefore contended that there is a prima facie case against the petitioner and in view of the same, petitioner is not entitled for bail. 7. During crime stage, petitioner had preferred Criminal Petition No.1149 of 2025. The said petition was dismissed as not pressed, with liberty to the petitioner to file a fresh bail application after filing of the charge sheet. The learned Sessions judge has rejected the bail petition - 6 - HC-KAR NC: 2025:KHC:30057 CRL.P No. 9912 of 2025 on the ground that, as per the table, 10 grams of codeine is a small quantity and 1 kg is a commercial quantity. In the present case, complainant has seized 75 syrup bottles containing 100 ml of codeine phosphate and triprolidine hydrochloride syrup, which means, the quantity of drug seized from the house of the petitioner is 7.5 kg which comes under commercial quantity. Further, along with the said drug, 15 grams of ganja, though small quantity, was also seized. The learned Sessions Judge further taking into consideration the punishment prescribed for the offences alleged, rejected the bail petition. 8. One of the contentions raised by the learned counsel for petitioner is that the mandatory provision under Section 42 of the NDPS Act was not followed at the time of seizure. A perusal of the material on record goes to show that the complainant and other officials were on patrolling duty, when they received the information about the contraband stored in the house of the petitioner. It is not forthcoming as to whether the information was - 7 - HC-KAR NC: 2025:KHC:30057 CRL.P No. 9912 of 2025 reduced into writing and the raid was conducted after informing the matter to the higher officials. It is stated that since none of the independent persons agreed to act as panchas, and as there was no time for obtaining the search warrant from the court, the complainant along with his staff conducted a raid in the house of the petitioner, wherein they found ganja and syrup bottles containing codeine phosphate and triprolidine hydrochloride underneath the cot. As per FSL report, the sample has responded positive for cannabis (ganja). However, the ganja seized is 15 grams, which is a small quantity. Insofar as Codeine phosphate and triprolidine hydrochloride is concerned, it is stated in the report that the sample conforms to the label claimed with respect to the test conducted, with a further note that complete analysis could not be carried out due to insufficient quantity of the sample. In the above facts and circumstances, the petitioner can be released on bail by imposing conditions. Accordingly, the following: - 8 - HC-KAR NC: 2025:KHC:30057 CRL.P No. 9912 of 2025 O R D E R (i) Petition is allowed. (ii) The petitioner / accused in FIR No.69/2024- 25/2803IE/28303 dated 20.12.2024 registered by the Karnataka Excise Department, pending in Special Case No. 98 of 2025, before the learned Principal District and Sessions Judge, Ramanagara Range, Ramanagara shall be enlarged on bail, subject to the following conditions: (a) He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. (b) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. (c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. (d) He shall not tamper with the prosecution witnesses either directly or indirectly. - 9 - HC-KAR NC: 2025:KHC:30057 CRL.P No. 9912 of 2025 (e) He shall appear before the trial Court on all dates of hearing without fail. (f) He shall not indulge in criminal activities. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE SS List No.: 1 Sl No.: 54