- 1 - HC-KAR NC: 2025:KHC:44075 CRL.P No. 12788 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12788 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SHAIK TAHEEM S/O. T.S AZEEZ AHAMMED AGED ABOUT 20 YEARS R/AT D.No.3-2-39, GF1 BLUE MOON APARTMENT AMBAL PADI MAIN ROAD UDUPI – 576 013. …PETITIONER (BY SRI LETHIF B, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KAVOOR POLICE STATION D.K DISTRICT REP. BY SPP HIGH COURT BUILDING BANGALORE – 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THEM ON BAIL IN SPL.C.No.105/2025 IN CR.No.193/2024 OF KAVOOR P.S. D.K DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 8(c),21(c) AND 22(c) OF NDPS ACT ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, D.K MANGALURU. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44075 CRL.P No. 12788 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 3 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’), praying to grant bail in crime No. 193/2024 of Kavoor Police Station registered for offence under Sections 8(c), 21(c) and 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the `NDPS Act’) pending on the file of Principal District and Sessions Judge, D.K., Mangaluru in Spl.C. No. 105/2025. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that the quantity of contraband seized from the possession of petitioner – accused No. 3 which has been mentioned in the mahazar is 70 Gms of MDMA and mobile phone. Contraband seized from the possession of this petitioner - 3 - HC-KAR NC: 2025:KHC:44075 CRL.P No. 12788 of 2025 has been sent to FSL for examination and it responded positive of methamphetamine. The officer who has seized the contraband has not complied Section 57 of NDPS Act and it is complied by some other officer. The exigency of non-compliance of Section 42 of NDPS Act has not been made out and subsequent to securing the petitioners, intimation was given to the higher officer. Charge sheet has been filed and now case is fixed for hearing. There are no criminal antecedents of the petitioner and he is aged 20 years. With this, he prayed to allow the petition. 4. Per contra learned HCGP would contend that the contraband seized from the possession of this petitioner is found to be MDMA and the quantity seized is commercial quantity, i.e., 70 Gms. There are no grounds to show that petitioner is not involved in commission of offence under the NDPS Act of commercial quantity. Charge sheet is filed. The offence alleged is not only against the society but also against the youngsters. If the petitioner is granted bail there are chances of he - 4 - HC-KAR NC: 2025:KHC:44075 CRL.P No. 12788 of 2025 committing similar offence. With this she prayed for dismissal of the petition. 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. Having heard learned counsel for the parties, this Court has perused charge sheet and other materials placed on record. 7. FIR in crime No. 193/2024 was registered against the petitioner and two others based on first information dated 18.12.2024 registered by Mallikarjun Biradara, Police Officer attached to Kavoor Police Station, Mangaluru. During the course of investigation petitioner was arrested on 18.12.2024 and from his possession 70 Gms of MDMA and mobile were seized. Petitioner who was arrested on 18.12.2024 is remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court has been rejected. Therefore, he is before this Court. - 5 - HC-KAR NC: 2025:KHC:44075 CRL.P No. 12788 of 2025 8. Seizure mahazar indicate that 70 Gms of MDMA was seized from the possession of petitioner. Said seized contraband has been sent for FSL for examination. The FSL report indicates that the contraband seized from the possession of the petitioner is positive for methamphetamine. Since the quantity seized is 70 Gms it is a commercial quantity. Contention of learned counsel for petitioner that compliance of Section 57 of NDPS Act has not been made by the officer who has seized and arrested the accused persons and it is by some other person is a matter of trial. The other contention that Section 42 of the NDPS Act is also not complied with cannot be considered at this stage of considering the bail petition. The contraband seized from the possession of the petitioner is a commercial quantity. Therefore, there are no grounds for believing that the petitioner is not guilty of the said offence and that he is not likely to commit such offence while on bail. Offence alleged against the petitioner is punishable with imprisonment for 10 years which may - 6 - HC-KAR NC: 2025:KHC:44075 CRL.P No. 12788 of 2025 extend upto 20 years. Considering all these aspects, petitioner has not made out any grounds for grant of bail. 9. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 24 Ct.sm