- 1 - HC-KAR NC: 2025:KHC-D:13039 CRL.P No. 103734 of 2025 C/W CRL.P No. 103480 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103734 OF 2025 C/W CRIMINAL PETITION NO. 103480 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL. P. NO.103734 OF 2025: BETWEEN: MR. ATIF @ ARIF S/O ANSAR MULLA, AGE. 25 YEARS, OCC. PAINTER, R/O. JAMBOTI ROAD, PEERANWADI, DIST. BELAGAVI-590 001. … PETITIONER (BY SRI. ROHIT NAGESH LATUR, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY BELAGAVI RURAL P.S., TQ/DIST. BELAGAVI, (THROUGH HCGP, HIGH COURT OF KARNATAKA, DAHRWAD BENCH, DHARWAD-591 317). … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN RELATION TO BELGAUM RURAL P.S. CR. NO.142/2025 PENDING ON THE FILE BEFORE THE LEARNED IIND ADDL. DISTRICT AND RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13039 CRL.P No. 103734 of 2025 C/W CRL.P No. 103480 of 2025 SESSIONS JUDGE, BELAGAVI FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 20(B)(II)(B) NDPS ACT, IN THE INTEREST OF JUSTICE. IN CRL. P. NO.103480 OF 2025: BETWEEN: MR. SAIFALI S/O AYUBHUSEN MADIWALE, AGE. 25 YEARS, OCC. PAINTER, R/O. H.NO.427, PATIL GALLI, PEERANWADI, DIST. BELAGAVI. … PETITIONER (BY SRI. ROHIT NAGESH LATUR, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY BELAGAVI RURAL P.S., TQ/DIST. BELAGAVI, (THROUGH HCGP, HIGH COURT OF KARNATAKA, DAHRWAD BENCH, DHARWAD-591 317). … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN RELATION TO BELGAUM RURAL P.S. CR. NO.142/2025 PENDING ON THE FILE BEFORE THE LEARNED IIND ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 20(B)(II)(B) NDPS ACT, IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13039 CRL.P No. 103734 of 2025 C/W CRL.P No. 103480 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in Crime No.142/2025 registered by Belagavi Rural Police Station, for an offences punishable under Sections 20(b)(ii)(B) of the NDPS Act, 1985, are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.142/2025 was registered by Belagavi Rural Police Station for the aforesaid offences against the petitioners based on the first information dated 02.08.2025 received from Nandishwar Kumbar, Police Officer attached to Belagavi Rural police station. During the course of investigation, petitioners herein were arrested on 02.08.2025. Their bail application filed before the Jurisdictional Sessions Court in Criminal Mission No.994 of 25 was rejected on 21.08.2025. Therefore, they are before this Court. - 4 - HC-KAR NC: 2025:KHC-D:13039 CRL.P No. 103734 of 2025 C/W CRL.P No. 103480 of 2025 4. Material on record would go to show that based on the credible information received by the first informant on 01.08.2025 at about 01.00 p.m. when he was in the police station, that a person by name Atif Ansar is likely to arrive at the alleged spot within the jurisdiction of Belagavi Rural Police Station at about 04.00 p.m. on the said day for the purpose of selling contraband articles, ganja, a raid was conducted to the alleged spot and accused nos.1 and 2 were apprehended and from the two wheeler in which they had arrived at the alleged spot, contraband article allegedly ganja totally weighing 1.366 grams was seized. The seized contraband article is little more than the small quantity and therefore, same has to be considered as intermediate quantity. 5. Material on record would go to show that in addition to seizure of aforesaid contraband articles from the person of the apprehended accused, their mobile phone and also cash was recovered. A reading of the first information would go to show that the requirement of Section 50 of the - 5 - HC-KAR NC: 2025:KHC-D:13039 CRL.P No. 103734 of 2025 C/W CRL.P No. 103480 of 2025 Act has not been complied in the present case. The right of the accused under law to be searched either before the jurisdictional Magistrate or before the Gazetted officer has not been informed in writing, in accordance with law, to the accused in the present case. Petitioners do not have any other criminal case registered against them for the offences punishable under the provisions of NDPS Act. 6. The Hon'ble Supreme Court in the case of Vijaysinh Chandubha Jadeja Vs. State of Gujarat, (2011) 1 SCC 609 has observed that non compliance of Section 50 of the Act would vitiate the seizure of the contraband article. 7. Under these circumstances, the prayer made by the petitioners for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petitions are allowed. ii. The petitioners are directed to be enlarged on bail in Crime No.142/2025 registered by - 6 - HC-KAR NC: 2025:KHC-D:13039 CRL.P No. 103734 of 2025 C/W CRL.P No. 103480 of 2025 Belagavi Rural Police Station, for an offence punishable under Section 20(b)(ii)(B) of the NDPS Act, subject to the following conditions: a. The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; b. The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 36