- 1 - HC-KAR NC: 2025:KHC-D:9470 CRL.P No. 102929 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102929 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: MR. DHEERAJ S/O. SRINIVAS CHOUGULE, AGE: 40 YEARS, OCC: AUTO DRIVER, R/O: GANGWADI, TQ: AND DIST: BELAGAVI-590 016. … PETITIONER (BY SRI. Z.M. HATTARKI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH MAL MARUTHI POLICE, BELAGAVI, R/BY THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-560 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO GRANT ANTICIPATORY BAIL IN EVENT OF ARREST OF PETITIONER/ACCUSED IN MAL MARUTI POLICE STATION CRIME NO.108/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(B)(II)(B) OF NDPS ACT WHICH IS PENDING BEFORE II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:44:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9470 CRL.P No. 102929 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. The accused in Crime No.108/2025 registered by Malamaruthi Police Station, Belagavi City for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”), is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.108/2025 was registered by Malamaruthi Police Station, Belagavi City for aforesaid offence against the petitioner herein based on the first information dated 20.06.2025 received from J.M. Kalimirchi, Police Officer attached to Malamaruthi Police Station. Apprehending arrest, the petitioner had filed an application under Section 482 of the BNSS, 2023 before the - 3 - HC-KAR NC: 2025:KHC-D:9470 CRL.P No. 102929 of 2025 jurisdictional Sessions Court, which was rejected on 18th July 2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition, prays for allowing the petition. 5. Per contra, learned HCGP, who has opposed the petition submits that the petitioner is a person with criminal antecedents and as many as nine other criminal cases registered against him. Accordingly, she prays for dismissal of the petition. 6. In the first information which is submitted by the Police Officer, it is stated that when he was in the Police Station on 20.06.2025 at about 18:10 hours, he received credible information that the petitioner was making attempt to sell the contraband article allegedly ganja to the public within the jurisdiction of Malamaruthi Police Station, Belagavi. Immediately, thereafter, he had proceeded to the alleged spot and in the first information, it is stated that the - 4 - HC-KAR NC: 2025:KHC-D:9470 CRL.P No. 102929 of 2025 petitioner after seeing the Police ran away from the spot after throwing the plastic cover which he was holding. According to the Prosecution, from the said plastic cover, 1 Kg 314 grams of contraband article allegedly ganja was recovered and seized under the panchanama. 7. A perusal of the materials would go to show that the first informant has not complied with the requirement of Section 42 of the NDPS Act, in the present case. After receipt of the credible information, the first informant, who was in the Police Station ought to have reduced the credible information into writing in the prescribed register and thereafter forwarded the same to the Higher Officer, before proceeding to conduct a raid. Though it is stated that the credible information was reduced to writing in the Station House Dairy, there is no mention in the first information that the said credible information which was reduced to writing was forwarded to the higher officer, which is the requirement under Section 42 of the NDPS Act. - 5 - HC-KAR NC: 2025:KHC-D:9470 CRL.P No. 102929 of 2025 8. Further, in the first information itself, it is stated that 50 grams of ganja from the aforesaid 1 Kg 314 grams, was drawn as a sample at the spot of crime and packed separately. During the proceedings under Section 52(A) of the NDPS Act, sample was not drawn from the seized contraband article before the Magistrate and on the other hand the sample which was drawn at the spot of crime by the Investigating Officer was produced. 9. The Hon’ble Supreme Court in the case of UNION OF INDIA Vs. BAL MUKUND1 has held that the sample of contraband article is required to be drawn before the Magistrate during the course of the proceedings under Section 52(A) of the NDPS Act. Even the NDPS Act of the year 2022 provides for the same. In the present case, there is no compliance of Section 42 of the NDPS Rules and the sample of the contraband article is also not drawn in accordance with the requirement of law. The contraband article allegedly ganja seized in the present case totally 1 (2009) 12 SCC 161 - 6 - HC-KAR NC: 2025:KHC-D:9470 CRL.P No. 102929 of 2025 weighed about 1 Kg 314 grams, which is slightly more than small quantity. 10. Under the circumstance, I am of the opinion that even though the petitioner is a person with criminal antecedents, his prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.108/2025 registered by Malamaruthi Police Station registered for the offences punishable under Section 20(b)(ii)(B) of the NDPS Act, which is pending before II- Addl. District and Sessions Jduge, Belagavi, subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for - 7 - HC-KAR NC: 2025:KHC-D:9470 CRL.P No. 102929 of 2025 the like sum to the satisfaction of the investigating officer. (ii) The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. (iv) The petitioner shall not involve in similar offences in future. (v) The petitioner shall mark his attendance before the S.H.O. of Malamaruthi Police Station on every alternate Sunday of the month between 9:30 a.m. and 11:30 a.m. till the investigation is completed in the present case. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK List No.: 1 Sl No.: 30