- 1 - HC-KAR NC: 2025:KHC:36636 CRL.P No. 12576 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12576 OF 2025 BETWEEN: SMT. FARHEEN SULTANA W/O INAYATH PASHA, AGED ABOUT 35 YEARS, R/AT 18TH WARD, PHOOL BAGH, NEAR MASJID, RAMANAGARA TOWN PIN-562 159. …PETITIONER (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: THE STATE OF KARNATAKA BY EXCISE INSPECTOR, RAMANAGARA REGION, RAMANAGARA, REPRESENTED BY THE STATE PUBLIC PROSECTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE INVESTIGATION OFFICER IN THE EVENT OF PETITIONER BEING ARRESTED IN CRI.NO.69/2024-2025/28031E/280303 OF EXCISE POLICE, RAMANAGARA, RAMANAGARA RANGE, NOW PENDING IN SPL.C.NO.98/2025, ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE, RAMANAGARA FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(b)(ii)(A), 21(c), 25 AND 8(c) OF NDPS ACT, SHE MAY ENLARGE ON ANTICIPATORY BAIL. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36636 CRL.P No. 12576 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking pre-arrest bail in a case registered by the Excise Department, Ramanagara Range, Ramanagara, in FIR No.69/2024-25/28031E/280303 dated 20.12.2024. 2. FIR is registered against accused No.1 by name Irfan Khan S/o Ahmed Khan for the offence punishable under Section 21(c), 25 and 8(c) of NDPS Act, 1985. 3. Chargesheet is filed against accused Nos.1 and 2 for the offence punishable under Section 20(b)(ii)(A), 21(c), 25 and 8(c) of NDPS Act, 1985. Petitioner is arraigned as accused No.2 in the charge sheet. 4. The complainant/Excise Inspector, Ramanagara Range has alleged that on 20.12.2024 at about 12.00 noon he was on a patrolling duty and at about - 3 - HC-KAR NC: 2025:KHC:36636 CRL.P No. 12576 of 2025 12.30 p.m., he received a credible information and based on the said information, he went to Phool Bagh, Ward No.18, Mehboob Nagar, Ramanagara town and conducted a raid in the house of the petitioner, wherein the petitioner was found to have concealed 2 plastic covers each containing 7.5 grams of ganja and 75 bottles each containing 100 ml of codeine phosphate and triprolidine hydrochloride syrup manufactured by ESkuf ESKuf - Laborate Pharmaceuticals India Ltd. Unit-II, No. 31, Rajbavan road, Nariwala, Pavonta Sahib (H.P). The said materials were seized under a mahazar and the petitioner was arrested. 5. It is contended by the learned counsel for petitioner that no independent panchas were secured at the time of seizure of the alleged contraband and the mandatory provisions under Section 42 of the NDPS Act was also not followed. He pointed out from the FSL report that complete analysis of the material sent for examination, could not be carried out due to insufficient - 4 - HC-KAR NC: 2025:KHC:36636 CRL.P No. 12576 of 2025 quantity of the sample. It is therefore contended that there is no prima facie case against the petitioner. He further contended that the petitioner was not present in the house while the raid was conducted and only on the voluntary statement of the co-accused, petitioner has been arraigned as an accused in this case. 6. Per contra, learned High Court Government Pleader contended that the material seized in this case is a commercial quantity and the house from where they are seized belong to accused No.2 i.e., petitioner herein. He, therefore contended, there is a prima facie case against the petitioner and sought to reject the petition. 7. Admittedly, the petitioner was not present in the house when the raid and seizure took place. According to prosecution, two plastic covers each containing 7.5 gms. of ganja and 75 bottles each containing 100 ml of codeine phosphate and triprolidine hydrocholoride syrup manufactured by ESKuf ESKuf Laborate Pharmauceticals Indian Limited, Unit-II No.31, - 5 - HC-KAR NC: 2025:KHC:36636 CRL.P No. 12576 of 2025 Rajbhavan Road, Nariwala, Paonta, Sahib (H.P) was found in the house. The said materials are seized under a mahazar. 8. A perusal of the material on record goes to show that the complainant and other officials were on a patrolling duty, when they received the information about the contraband stored in the house of the petitioner. It is not forthcoming as to whether the information was reduced into writing and the raid was conducted after informing the higher officials. It is stated that since none of the independent persons agreed to act as panchas, and as there was no time for obtaining the search warrant from the court, the complainant along with his staff conducted the raid in the house of the petitioner. 9. FIR is registered against accused No.1. It appears that on the basis of his voluntary statement, petitioner has been arraigned as accused No.2 in the chargesheet. No criminal antecedents against the petitioner has been brought to the notice of the Court. - 6 - HC-KAR NC: 2025:KHC:36636 CRL.P No. 12576 of 2025 Accused No.1 has been granted bail in Crl.P.No.9912/2025 vide order dated 4.8.2025. The petitioner has undertaken to furnish adequate surety to ensure her regular presence before the trial Court. 10. In the facts and circumstances, the relief sought in the petition can be granted by imposing necessary conditions. Hence, the following: ORDER 1. Petition is allowed. 2. In the event of arrest of petitioner/accused No.2 in FIR No.69/2024-25/28031E/280303 registered by Ramanagara Range, Ramanagara, pending in Spl. Case No.98/2025 on the file of the Court of District and Sessions Judge, Ramanagara, she shall be released subject to following conditions: a) She shall appear before the jurisdictional Court within one week from the date of receipt of copy of the order and shall execute a bond in a sum of Rs.1,00,000/- - 7 - HC-KAR NC: 2025:KHC:36636 CRL.P No. 12576 of 2025 (Rupees one lakh only) with a surety for the likesum. b) She shall appear before the I.O. within a period of 10 days from the date of her release and shall co-operate with the further investigation of the case, if any. c) She shall furnish her residential address/contact number and shall inform the I.O. in case of change in the address/contact number. d) She shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) She shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 54