- 1 - HC-KAR NC: 2025:KHC:40645 CRL.P No. 12402 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12402 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SYED JABEER S/O SYED IQBAL AGED ABOUT 31 YEARS RESIDENT OF No.1129, 1ST MAIN, 2ND CROSS L N COLONY, GOKUL EXTENSION YESHVANTHPURA BENGALURU – 560 022. …PETITIONER (BY SRI N. SRINIVAS, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CEN POLICE STATION DAVANAGERE – 577 002 BANGALORE – 560 001 REP. BY SPP, HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SRI CHANNAPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO DIRECT HIM TO RELEASE ON REGULAR BAIL IN CR.No.107/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTION 8(c), 21(b), 22(b), 29 OF NDPS ACT, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40645 CRL.P No. 12402 of 2025 PENDING ON THE FILE OF HON’BLE COURT OF PRL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 4 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in crime No. 107/2025 of Davanagere CEN Police Station for offence under Section 8(c), 21(b), 22(b) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the `NDPS Act’). 2. Heard learned counsel for petitioner and learned Additional SPP for respondent – State. 3. Learned counsel for petitioner would contend that the contraband has been seized in the car in which the petitioner was present along with 4 others. Therefore, it cannot be said that the petitioner was in possession of the contraband seized. The contraband was found in the - 3 - HC-KAR NC: 2025:KHC:40645 CRL.P No. 12402 of 2025 dashboard of the car and the said car belongs to accused No. 3. Accused Nos. 1 and 2 are strangers to the petitioner and petitioner knows only accused No. 3. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that the petitioner was present in the car along with 3 other accused persons. Quantum of seized contraband is commercial quantity of MDMA. Punishment for the said offence is imprisonment for 10 years extendable up to 20 years. Investigation is in progress. There are no grounds to show that the petitioner is not involved in commission of the offence. With this, he prayed to reject the petition. 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. On receiving credible information that MDMA was being transported in car bearing registration No. - 4 - HC-KAR NC: 2025:KHC:40645 CRL.P No. 12402 of 2025 KA21-MA-9602 on 24.07.2025, at about 10.50 pm, the Police found the said car parked and found accused Nos. 1 to 5 in the said car. Inmates of the car disclosed that they were moving to handover MDMA drugs to accused No. 5 – Kalyan. MDMA weighing 13 Gms and 5.61 Gms has been seized from the dashboard of the car. The quantity of MDMA seized is commercial quantity. Petitioner was inmate of the said car. Therefore, it cannot be said that petitioner was not in conscious possession of MDMA seized. Considering the said aspect, it cannot be said that the petitioner is not involved in commission of offence alleged against him. Investigation is in progress. Considering the above aspects, petitioner has not made out any grounds for grant of bail. 7. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 11