- 1 - HC-KAR NC: 2025:KHC:35422 CRL.P No. 11504 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11504 OF 2025 BETWEEN: MR. IRFAN PASHA @ KALU AGED ABOUT 34 YEARS, S/O LATE EJAZ, PERMANENT RESIDENT OF NO.1, NEAR AKSA MASJID, B.G. ROAD, PILLAGANAHALLI, BANGALORE-560 100. …PETITIONER (BY SRI. G.B.MAJJAGI, ADVOCATE FOR SRI. YUGANDHAR J., ADVOCATE) AND: STATE OF KARNATAKA KALASIPALYA POLICE STATION, REPT. BY SPP, HCK BUILDING, BANGALORE DISTRICT, BANGALORE-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHI, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ORDER FOR THE RELEASE OF THE PETITIONER IN CRIME NO.3/2025 OF KALASIPALYA POLICE STATION, BENGALURU DISTRICT, BENGALURU REGISTERED Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35422 CRL.P No. 11504 of 2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 20(b)(ii)(c) OF NDPS ACT, PENDING ON THE FILE OF XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE IN CRL.MISC.NO.6001/2025. 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 is preferred under Section 483 of BNSS, 2023 to enlarge the petitioner on bail in Crime No.3/2025 of Kalasipalya Police Station, registered for the offence punishable under Section 20(b)(ii)(c) of the NDPS Act, 1985. Investigation is completed and chargesheet has been filed. 2. It is the case of prosecution that on 06.01.2025, the PSI of Kalasipalya Police Station, while on patrolling duty, received a credible information that a person is selling ganja in an autorickshaw near Tippu Armory, 2nd Cross, Dispensary Road, Bengaluru City. - 3 - HC-KAR NC: 2025:KHC:35422 CRL.P No. 11504 of 2025 Based on the said information, he went to the spot and noticed a person near an autorickshaw with two bags of ganja in his possession. On registration of the case, the complainant along with his staff and panchas went and apprehended the accused and from his possession a total quantity of 34 kgs 250 grams of ganja was seized. 3. It is contended by the learned counsel for petitioner that the entire allegations are false and the petitioner is falsely implicated in the case. He contended that the offence alleged is not punishable with death or imprisonment for life, petitioner is in judicial custody from 07.01.2025 and now the investigation is completed and chargesheet is filed. He therefore, submits that the petitioner may be enlarged on bail by imposing any conditions. 4. Learned High Court Government Pleader has contended that petitioner is a habitual offender, involved in several criminal cases registered in the past and in the present case, he has been caught red-handed with - 4 - HC-KAR NC: 2025:KHC:35422 CRL.P No. 11504 of 2025 commercial quantity of ganja. He contended that there is a prima facie case against the petitioner and in view of the bar under Section 37 of the NDPS Act, he is not entitled for bail. 5. A perusal of the complaint averments and the mahazar clearly reveal that, commercial quantity of ganja has been recovered from the possession of the petitioner under a mahazar in the presence of panchas. At this stage, there are no grounds to disbelieve the case of prosecution. The ganja seized in this case is commercial quantity, hence, in view of Section 37 of NDPS Act, petitioner is not entitled for bail. Petitioner has failed to demonstrate that there are no reasonable grounds to believe that he is not guilty of the offence alleged against him. Filing of chargesheet itself is not a ground to enlarge him on bail. Moreover, it is brought to the notice of the Court by the learned High Court Government Pleader that the petitioner has criminal antecedents. List of 44 cases registered against the petitioner are furnished. Though - 5 - HC-KAR NC: 2025:KHC:35422 CRL.P No. 11504 of 2025 the said cases are old cases, the fact reveals that petitioner has criminal antecedents. Hence, this is not a fit case to enlarge the petitioner on bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 72