- 1 - HC-KAR NC: 2025:KHC:32125 CRL.P No. 7064 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. 7064 OF 2025 BETWEEN: 1. BLESSING @ BLESSING OKEKE CHIGOXIE S/O OKEKECHIGOXIE AGED ABOUT 36 YEARS, R/AT C/O KANAKALAKSHMI W/O MANJJUNATHA SASIVEGHATTA, SULADEVANAHALLI BENGALURU-562130 PERMANENTLY AT UMEIUROAG VILLAGE BENNI CITY. EDO CITY. NEGIRIA 2. AVINASH @ AVINASH VASANTH RANSURE S/O VASANTH RANSURE AGED ABOUT 37 YEARS, R/AT 8TH CROSS, ATTUKAL LAYOUT, MUNESHWARA LAYOUT. KATEGENAHALLI, BENGALURU-560064 PERMANENTLY AT NO.62. SUBASH NAGAR, OPP- NETHAJISCHOOL NEAR GANESHMANDIR. YARAWAD TALUK. HAVELOCK, PUNE. MAHARASHTRA-411006. …PETITIONERS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32125 CRL.P No. 7064 of 2025 (BY SRI. NARAYANA SWAMY K J.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY AMRUTHAHALLY PS. REP. BY STATE BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU-560001 2. SRIRAMIAH POLICE INSPECTOR AMRUTHAHALLY POLICE STATION BENGALURU- 560024. …RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R1) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE ACCUSED/PETITIONERS ON REGULAR BAIL IN SPL.CC NO.1929/2024 AROSE OUT OF CR.NO.141/2024 FOR THE O/P/U/S 20(B)(ii), 22C OF NDPS ACT AND SECTION 14 OF THE FOREIGNERS ACT OF AMRUTHAHALLI P.S, PENDING ON THE FILE OF XXXIV ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS) BENGALURU (CCH-35).THE XXXIV ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS) BENGALURU (CCH-35). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners’ bail petition having been rejected by the learned Sessions Judge, are before this Court in this - 3 - HC-KAR NC: 2025:KHC:32125 CRL.P No. 7064 of 2025 petition under Section-483 of BNSS 2023, to enlarge them on bail. 2. Heard the learned counsel for petitioners, learned HCGP for respondent - State and perused the material on record. 3. It is alleged by the prosecution that on a credible information received that three persons, including a Nigerian are involved in selling drugs to the public in the forest area situated near Hebbal Bus Stand, a raid was conducted and accused Nos.1 to 3 were apprehended from Kiru Aranya, near Hebbal bus stop and from their possession 102 gms of MDMA crystals, 5 Kg 200 grams of Ganja, Small zip lock covers:65 numbers, one black colour bag, weighing machine and a TVS Jupiter bearing Reg.No.MH-12-TW-2205 were seized. 4. Accused were arrested, inventory of the contraband was prepared in the presence of the learned - 4 - HC-KAR NC: 2025:KHC:32125 CRL.P No. 7064 of 2025 Magistrate and the samples taken were sent for chemical examination. 5. The Learned Sessions Judge has rejected the bail petition observing that the contraband seized is a commercial quantity and there is prima facie material available against the petitioners in regard to possession of Narcotic drug and therefore, they are not entitled for bail. 6. The learned counsel for petitioners would contend that the procedure contemplated under the NDPS Act has not been followed, no independent panchas were taken and alleged contraband was not seized in the presence of a Gazetted officer. Further, contended that accused No.3 has been granted bail by this Court and therefore, petitioners being similarly placed may be enlarged on bail. 8. Learned HCGP has opposed the prayer for bail contending that the accused were apprehended from the spot when they were trying to sell the narcotic drug and - 5 - HC-KAR NC: 2025:KHC:32125 CRL.P No. 7064 of 2025 from the possession of the accused a black colour bag was seized in which 102 grams of the drug, as well as 5 kg 100 grams of ganja was found. He contended that the petitioner No.1 is a Nigerian national and therefore, if granted bail, there are chances of committing similar offence and also fleeing from justice. He therefore, sought to dismiss the petition. 9. According to FIR and Mahazar, 102 grams of MDMA crystal and about 5 kg 200 grams of ganja were seized from accused Nos.1 to 3, apart from other materials. Inventory was done before the learned Magistrate, samples were collected for chemical examination, which is certified under Section 52A of the NDPS Act. As per FSL report, the samples sent for examination responded positive for methamphetamine, a stimulant drug and cannabis(ganja). Even though the test responded negative for MDMA, as per FSL report the material seized responded for methamphetamine, and 50 grams of methamphetamine being commercial quantity, - 6 - HC-KAR NC: 2025:KHC:32125 CRL.P No. 7064 of 2025 the contraband seized in this case is therefore, a commercial quantity. 10. A careful perusal of the mahazar would disclose that the black colour bag was in the possession of accused No.1, a Nigerian national. Though all the three were together, at this stage it cannot be said that even accused Nos.2 and 3 were in conscious possession of the drug in question. In the said black colour bag, the contraband was concealed. This Court in Criminal Petition No.9072/2024, observing that no contraband was seized from the possession of accused No.2, released him on bail. Insofar as 2nd petitioner is concerned a two wheeler bearing Reg.No.MH-12-TW-2205 has been seized. Seizure of the said vehicle itself is not a ground at this stage to opine that the petitioner is also guilty of the offence alleged. The prosecution has to establish its case against the said accused in a full-fledged trial. In the above facts and circumstances, Section 37(1)(b) of the NDPS Act is not applicable to the 2nd petitioner. Hence, there is no - 7 - HC-KAR NC: 2025:KHC:32125 CRL.P No. 7064 of 2025 impediment to enlarge petitioner No.2/accused No.3 on bail. Hence the following:- ORDER i) Petition is partly allowed. ii) Petition in respect of petitioner No.1/accused No.1 is dismissed. iii) Petition is allowed in respect of petitioner No.2/accused No.3 namely Aveenash @ Avinash Vasanth Ransure. Petitioner No.2/accused No.3 shall be enlarged on bail, in Crime No.141/2024 of Amruthahally Police Station, pending in Spl.C.C.No.1929/2024 on the file of XXXIV Additional City Civil and Sessions Judge and Spl. Judge (NDPS), Bangalore (CCH-35), subject to following conditions: 1. 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. - 8 - HC-KAR NC: 2025:KHC:32125 CRL.P No. 7064 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. 4. He shall not tamper with the prosecution witnesses either directly or indirectly. 5. He shall appear before the trial Court on all dates of hearing without fail. 6. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TIN List No.: 1 Sl No.: 25