- 1 - HC-KAR NC: 2025:KHC:32032 CRL.P No. 4561 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 4561 OF 2025 BETWEEN: R. PRANAY JAIN S/O M. RAJENDRA JAIN, AGED ABOUT 26 YEARS, RESIDING AT: NO.9, NETHAJI ROAD, NEAR ASHOKA TALKIES, FRAZER TOWN, BANGALORE NORTH, BANGALORE-560 005. …PETITIONER (BY SRI. RAKSHITH R., ADVOCATE) AND: STATE BY INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, OFF/AT HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. MADHUKAR DESHPANDE, ADVOCATE) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL U/S 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS), IN CRIME NO.NCB F.NO.48/1/19/2024/BZU AT UNION OF INDIA NARCOTICS CONTROL BUREAU, BANGALORE ZONAL UNIT, THROUGH INTELLIGENCE OFFICER FOR THE OFFENCE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32032 CRL.P No. 4561 of 2025 PUNISHABLE UNDER SECTIONS 8(c), 22(c), 23(c), 27 AND 28 OF NDPS ACT, PENDING THE FILE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, (NDPS) AT BANGALORE, CCH-33. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 30.07.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CAV ORDER This petition under Section 483 of BNSS, 2023 is preferred by the sole accused in NCB Crime No.48/1/19/2024/BZU registered by NCB, Bengaluru Zonal Unit, to enlarge him on bail. 2. Heard the arguments of the learned counsel appearing on both sides and perused the material on record. 3. Brief facts of the case:- On 17.10.2024 at around 12.27 hours, a credible information was received from Special Intelligence and Investigation Branch, Airport and Air cargo complex through official mail that a shipment under AWB No.778447006060 suspected to be containing - 3 - HC-KAR NC: 2025:KHC:32032 CRL.P No. 4561 of 2025 Narcotic Drug was lying at Fedex Express Cargo Terminal, KIAL Road, Devanahalli, Bengaluru, which was imported from Canada through Fedex Express, destined to one Mrs. Sunita. Based on the said information and as per the direction of the Superintendent, NCB, BZU, Bengaluru, a team was constituted consisting of Inspector and other officials who went to Fedex Express, Express Cargo Terminal equipped with drug detection kit, laptop, portable printer, digital weighing machine. Two persons were requested to act as independent witnesses for the purpose of search and seizure proceedings. The suspected parcel, which was found to be booked from ‘Mike Lisenchuk, R/o 2383, Hoover Rd, Campbell River BC CA V9H1C5, Canada BC’, addressed to one ‘Sunita A, 17-F, Ganapati Nagar Thalli Rd, Back Side seventh Day School, Hosur Krishna Giri, TN – 635 109’, was placed before the NCB team. On opening the brown colour rectangle cartoon Box, it was found to contain 51 golden color zipper Plastic pouches/sachets having colorful printing written as - 4 - HC-KAR NC: 2025:KHC:32032 CRL.P No. 4561 of 2025 ‘Premium Lord Shiva Carts’ with photo of Lord Shiva on sachets / pouches. The Golden color pouches having specially printed in Black and white as ‘FUEL CANDY/HYBRID 1 gram Live Resin Vape Cartidge THC 71.80% TERPS 17.76%.’ A small resin substance was taken out and tested with field Drug Detection Kit which gave positive result for Tetrahydrocannabinol (THC). All the pouches contained similar cartridge and similar substance, which totally weighed 850 grams including transparent plastic pouch. The said parcel were taken into possession under a panchnama. The email ID of the consignee was obtained, based on which the mobile number of the consignee R.Pranay Jain/petitioner was obtained. 4. Petitioner was apprehended on 12.12.2024. The voluntary statements of the petitioner and one Imthiyaz Basha were recorded under Section 67 of the NDPS Act. Petitioner was arrested for committing offences under Section 8(c), 22(c), 23(c), 27, 28 and 29 of NDPS Act. - 5 - HC-KAR NC: 2025:KHC:32032 CRL.P No. 4561 of 2025 5. The learned counsel has argued that, petitioner is totally innocent of the offences alleged against him. The parcel was not in his name, but in the name of one Sunita A. The alleged contraband was not seized from the exclusive possession of the petitioner, hence, there is no iota of evidence against the petitioner. He hails from a respectable family, he has no criminal history. His detention in custody has led to great hardship to his entire family, as he is the only earning member. 6. The learned counsel for petitioner further contended that the quantitative analysis of the sample was not carried out. The alleged contraband seized was a mixture of both, Tetrahydrocannabinol (THC) and TERPS, hence, for the purpose of quantitative analysis entire mixture cannot be taken into consideration. The Narcotic Drug or psychotropic substance which alone shall be taken into consideration but not the entire mixture, for the purpose of determining whether the substance seized constitute ‘small quantity’ or ‘commercial quantity’. The - 6 - HC-KAR NC: 2025:KHC:32032 CRL.P No. 4561 of 2025 learned counsel relied on a decision of the Apex Court in Bharat Chaudhary v. Union of India (SLP (Crl) 5703/2021 D.D.13.12.2021), the decision of this Court in Criminal Referred Case No.1/2010 disposed on 06.10.2015 and the order passed in Crl.P No.4991/2025 D.D. 17.06.2025, in the case of Mahammed Ali P. v. Union of India, in support of his contention. 7. The learned counsel has further contended that the voluntary statement of an accused cannot be acted upon and in the case on hand, the prosecution is relying on the voluntary statement of the petitioner recorded under Section 67 of the NDPS Act, which is inadmissible in evidence. 8. The learned counsel for respondent has filed a detailed statement of objections, reiterating the complaint averments. It is also contended that the investigation revealed the email communication regarding the parcel between the official of Fedex Private Limited and the petitioner, Pranay Jain, having mail ID - 7 - HC-KAR NC: 2025:KHC:32032 CRL.P No. 4561 of 2025 prnjain37@gmail.com, which confirmed that the petitioner had ordered the drug parcel. The mobile number of the petitioner was used in the mail ID. He ordered the drugs online from an Instagram link using the Aadhar card of Sunita A., given to him by one Preetesh Kataria, also using the mobile number procured from one Rishab which was used to order the drug. The statements of those persons are recorded. 9. The learned counsel for respondent has further contended that the weight of 51 golden color pouches containing THC seized was 850 grams, which comes under the purview of commercial quantity under the NDPS Act, 1985. Hence, in view of Section 37 of the said Act, petitioner is not entitled for bail. He contended that apart from his own voluntary statement, the prosecution has collected other evidence, such as statements of witnesses, email chats with Fedex regarding the parcel, payment confirmation emails and the FSL report, showing a prima facie case against the petitioner. - 8 - HC-KAR NC: 2025:KHC:32032 CRL.P No. 4561 of 2025 10. The learned counsel for respondent has also contended that the petitioner has knowingly ordered the Narcotic drug via the darknet. If he is released, he may abscond, tamper with evidence or influence witnesses. To contend that the entire mixture including the neutral material has to be considered to ascertain the quantity, the learned counsel relied on a decision of the Apex Court in the case of Hira Singh and another v. Union of India and another reported in (2020) 20 SCC 272. 11. On receiving a credible information that a shipment/parcel suspected to be containing Narcotic Drug imported from Canada through Fedex Express was lying at Fedex Express, Express Cargo Terminal, the NCB officials constituted a team and in coordination with the customs officials, seized the suspected parcel, addressed to one Sunita A. The said parcel contained 51 golden color pouches with printing on it as ‘FUEL CANDY/HYBRID 1 gram Live Resin Vape Cartidge THC 71.80% TERPS 17.76%.’ The weight of 51 pouches seized was 850 grams. - 9 - HC-KAR NC: 2025:KHC:32032 CRL.P No. 4561 of 2025 12. The contention of the learned counsel that the parcel was not in the name of petitioner and no contraband was seized from his exclusive possession and therefore, he is innocent and not committed any offence, cannot be accepted. During investigation the details of the parcel was sought from Fedex Private Limited, which confirmed the email communication regarding the parcel between the officials of Fedex Pvt. Ltd and Pranay Jain, petitioner herein, having his mail ID. There are materials to show that the petitioner has ordered the drug parcel from one Mike Lisenchuk from Canada, using the Aadhar Card of Sunita A., to avoid placing the order in his own name, by paying CAD 1,100 via his Paypal account. Confirmation of payment was recovered from his email. The investigation has revealed that he had done total 45 transactions in last 2-3 years, which confirms that he has been involved in drug trafficking. During investigation copy of Aadhar Card of Sunita A., was recovered from the phone of the - 10 - HC-KAR NC: 2025:KHC:32032 CRL.P No. 4561 of 2025 petitioner. Hence, the material collected prima facie show that the drug seized was procured by the petitioner. 13. The weight of 51 pouches seized was 850 grams, printed on the pouch as containing, ‘FUEL CANDY/HYBRID 1 gram Live Resin Vape Cartidge THC 71.80% TERPS 17.76%’. In ‘Hira Singh’ (supra) the Apex Court has held that the intention of legislature was not to consider only actual content by weight of offending drug for the purpose of determining whether it would constitute “small quantity” or “commercial quantity”. Rather, weight of entire materials/mixture along with neutral material is to be considered for ascertainment of whether the quantity is “small quantity” or “commercial quantity”. Hence, the contention raised by the learned counsel for petitioner that the entire mixture cannot be taken into consideration to determine the quantity of the contraband seized, cannot be accepted. The decisions relied by him therefore, will not come to the aid of petitioner. - 11 - HC-KAR NC: 2025:KHC:32032 CRL.P No. 4561 of 2025 14. As per FSL examination Report the transparent self sealing plastic pouch in the division that contained 2 golden color self sealing plastic pouches each having printed label “PREMIUM LORD SHIVA FRESH FROZEN CARTS THC PREMIUM VAPE CARTRIDGE ORGANIC LIVE RESIN ONE GRAM”, randomly marked as ‘A’ and ‘B’ in division. Observed weight of S-1-A after leakage is 0.720 grams and S-1-B is 0.412 grams. The total pouches seized being 51 in numbers, the contraband seized is a commercial quantity in respect of Tetrahydrocannabinol (THC). 15. The material on record shows that there is a prima facie case against the petitioner and in view of Section 37 of the NDPS Act, which provides bar for granting bail in such cases, petitioner is not entitled for enlargement on bail. Further, as per prosecution, petitioner had done several transactions with the consignor of the parcel in last 2-3 years through his bank accounts., converting the currency, hence, the apprehension of the - 12 - HC-KAR NC: 2025:KHC:32032 CRL.P No. 4561 of 2025 prosecution about the petitioner involving in similar offences in future is well founded. For the foregoing reasons, I proceed to pass the following: ORDER Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 1