- 1 - HC-KAR NC: 2025:KHC:28538 CRL.P No. 8472 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8472 OF 2025 BETWEEN: ISRALE MAHAJI, S/O BEHRAMAHAJI, AGED ABOUT 33 YEARS, R/T JALLAGHADA, DABANGUDA, ODISSA STATE - 761 017. …PETITIONER (BY SRI. MANJUNATHA NAIK., ADVOCATE) AND: THE STATE OF KARNATAKA, INSPECTOR OF EXCISE, RAJAJINAGAR RANGE, BENGALURU. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.52/2024-25 OF INSPECTOR OF EXCISE, RAJAJINAGAR RANGE, BENGALURU REGISTERED FOR THE ALLEGED OFFENCES P/U/S 20(b), 21(b), 29, 8(c) OF NDPS ACT PENDING ON THE FILE OF IN THE COUORT OF THE XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28538 CRL.P No. 8472 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.52/2024-25 registered by Inspector of Excise, Rajajinagar, Bengaluru, for offences punishable under Sections 20(b), 21(b), 29, 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. It is the case of the prosecution that on 17.05.2025 when the first informant and his staff were on patrolling duty, they found a person moving suspiciously holding a bag and when the said person was intercepted, it was found that he was carrying contraband article allegedly ganja totally weighing 4 KGs 400 grams. Thereafter, the said person was apprehended and the contraband article allegedly ganja which was in his - 3 - HC-KAR NC: 2025:KHC:28538 CRL.P No. 8472 of 2025 possession was seized under a panchanama and subsequently, FIR was registered against the petitioner and he was produced before the Court and remanded to judicial custody. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.4344/2025 was rejected on 17.06.2025. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner submits that petitioner has no criminal antecedents. The seized contraband article is of intermediate quantity. Charge sheet has not been filed, even though the petitioner is in custody for the last 70 days. Therefore, petitioner is entitled for statutory bail. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submissions made by the learned counsel for the petitioner. 6. FIR in the present case was registered against the petitioner, after he was intercepted by the first - 4 - HC-KAR NC: 2025:KHC:28538 CRL.P No. 8472 of 2025 informant and his staff on 17.05.2025 and from his possession contraband article allegedly ganja totally weighing 4 KGs 400 grams was seized. 7. It is not in dispute that petitioner has no criminal antecedents. The seized contraband article allegedly ganja which weighed 4 KGs 400 grams is considered as intermediate quantity, as per the relevant notification issued under the provisions of the NDPS Act. The maximum punishment for the aforesaid offences is imprisonment for a period of 10 years. 8. Petitioner is in custody for the last more than 60 days. Till date charge sheet is not filed against the petitioner. Since, the contraband article seized in the present case is of intermediate quantity, the rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable in the present case. Major portion of the investigation is already completed. Under the circumstances, I am of the opinion that the prayer made - 5 - HC-KAR NC: 2025:KHC:28538 CRL.P No. 8472 of 2025 by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.52/2024-25 registered by Inspector of Excise, Rajajinagar, Bengaluru, for offences punishable under Sections 20(b), 21(b), 29, 8(c) of NDPS Act, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, out of which one shall be local surety, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 6 - HC-KAR NC: 2025:KHC:28538 CRL.P No. 8472 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 41