- 1 - HC-KAR NC: 2025:KHC:44968 CRL.P No. 10245 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 10245 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ZAMEER KHAN S/O HATHAULLA KHAN AGED ABOUT 29 YEARS RESIDING AT No.91, 4TH MAIN ROAD SRIRAMPURA, JAKKUR BENGALURU – 560 045. PERMANENT ADDRESS. No.338, MYSORE ROAD OLD PENSION MOHALA BENGALURU – 560 018. …PETITIONER (BY SRI H V PRAVEEN GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GOVINDAPURA POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BEGNALURU – 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44968 CRL.P No. 10245 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.No.392/2024 NOW SPL.C No.823/2025 ON THE FILED OF THE RESPONDENT POLICE FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 20C,29C,25 NDPS ACT 1985 ON THE FILES PENDING OF THE HONOURABLE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS)(CCH-33) BENGALURU. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner -accused No.2 under Section 483 of BNSS trying to grant bail in Crime No. 392/2024 of Govindapura Police Station registered for offences punishable under Sections 20(C), 29, 25 of NDPS Act pending in Special Case No.823/2025 on the file of XXXIII Additional City Civil and Sessions Judge, Bangalore. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that there is a delay in conducting inventory. The - 3 - HC-KAR NC: 2025:KHC:44968 CRL.P No. 10245 of 2025 inventory has been conducted after 11 days of seizure of the contraband. It is not possible to carry 318K.G., of Ganja in Eartiga car. The letter to ACP had been issued and received by SP at 11.40 a.m. Permission for personal search of accused persons has been taken at 01.30 p.m. after registration of the case and seizure of the contraband. There is no investigation with regard to source of the contraband seized from the accused persons. In the statement of Naveed, he has stated that a lady in police uniform secured accused No.3 from the spot. The petitioner has not booked any car. The car has been stated to be booked by one Prakash. The call records detail of the accused persons have not been recovered. There is no investigation regarding source of the contraband seized. The photos taken will not tally with the spot. The delay in inventory is fatal to the case of the prosecution. On that point, he placed reliance on the decision of Delhi High Court rendered in bail application No. 3718/2022. On - 4 - HC-KAR NC: 2025:KHC:44968 CRL.P No. 10245 of 2025 these grounds, he prays to allow the petition and grant bail to the petitioner –accused No.2. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the quantity of ganja seized from the possession of the petitioner and another accused in the car is a commercial quantity. The punishment provided for the said offence is 10 years which may extend to 20 years. The seized articles have been sent for FSL for examination and FSL report indicates that the test report is positive for ganja. As the quantity is huge it has taken time and therefore, there is a delay in inventory. The petitioner -accused No.2 herein has admitted his guilt in his voluntary statement. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. There are no grounds to say that he is not involved in commission of offence under NDPS Act in order to grant bail as per Section 37 of the NDPS Act. If the petitioner is granted - 5 - HC-KAR NC: 2025:KHC:44968 CRL.P No. 10245 of 2025 bail, there are chances of repeating the same offence. With this, he prayed for dismissal of the petition. 5. Having heard learned counsels, this Court has perused the charge sheet and other materials placed on record. 6. On receipt of credible information, it has been reduced into writing in a case diary and on raid accused Nos.1 and 2, who were traveling in Eartiga car were found transporting 318 K.G., of ganja contained in 168 plastic pockets. The said contraband, car etc., have been seized under mahazar. The personal search of accused persons have been taken place after getting permission from the concerned officer in the presence of gazetted officer. The voluntary statement of the petitioner -accused No.2 itself indicates that he is involved in commission of the offence. The contraband seized is sent to FSL for examination and FSL report indicates that it is positive for ganja. The delay in inventory cannot be considered at this stage and it is a matter of trial, as huge quantity has been seized. At this - 6 - HC-KAR NC: 2025:KHC:44968 CRL.P No. 10245 of 2025 stage, it cannot be said that the petitioner is not involved in commission of offence under NDPS Act in order to grant bail as contained in Section 37 of NDPS Act. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. If the petitioner is granted bail, there are chances of him repeating the similar offence. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. 7. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 8 Ct.sm