- 1 - HC-KAR NC: 2025:KHC:47386 CRL.P No. 14068 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14068 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SYED RIZWAN S/O SYED RUBAN AGED ABOUT 24 YEARS R/AT: 3RD CROSS, NEAR NOORANI MASJID MUJAVAR MOHALLA, ARASIKERE TOWN HASSAN DISTRICT - 573 103. …PETITIONER (BY SRI ADIT CHANDANGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY EXCISE INSPECTOR ARASIKERE EXCISE RANGE ARASIKERE, HASSAN DISTRICT. REPRESENTED BY: STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU – 01. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND THEREBY RELEASE THE PETITIONER WHO IS ACCUSED No.2 ON REGULAR BAIL IN Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47386 CRL.P No. 14068 of 2025 COURT CRIME No.248/2025 REGISTERED BY THE RESPONDENT THAT IS ARASIKERE EXCISE RANGE WHICH IS NOW PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 8(c),20(b),20(b)(ii)(B),25,27(b) OF NDPS ACT 1985. 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.1 under Section 483 of BNSS praying to grant bail in Crime No.248/2025 of Arasikere Excise Department Police registered for offences punishable under Sections 8(c), 20(b), 20(b)(ii)(B), 25, 27(b) of NDPS Act. 2. Heard learned counsel for the petitioner and learned High Court Government for the respondent –State. 3. Learned counsel for the petitioner would contend that 2KG ganja has been seized from the bag kept in the scooter of this petitioner. There is no compliance of Section 42 of the NDPS Act for registering the credible information in the register. There was no gazetted officer present at the time of search proceedings. For seizer - 3 - HC-KAR NC: 2025:KHC:47386 CRL.P No. 14068 of 2025 Mahazar, Revenue Inspector and Village Accountant are present. With this, he prays to allow the petition. 4. Per contra, High Court Government Pleader for the respondent –State would contend that not only 02kg of ganja but also weighing machine has been seized from the possession of the petitioner. The said bag has been kept in the footrest of the scooter of the petitioner. The petitioner was in conscious possession of the contraband seized. On test of urine, the petitioner was found to have consumed ganja. The contraband has been sent to FSL for examination. The FSL report indicates that the test is positive for cannabis-ganja. The quantity of ganja seized from this petitioner is more than small quantity and less than commercial quantity. The offence alleged against the petitioner is punishable with imprisonment for 10 years. The investigation is in progress. With this she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:47386 CRL.P No. 14068 of 2025 5. Having heard learned counsels, this Court has perused the FIR, complaint and other materials placed on record. 6. Arasikere Excise Department Police have received credible information about illegal transportation of dry cannabis and registered Crime No.248/2025. He informed the said fact to Deputy Superintendent and Deputy Commissioner of Excise and visited spot with Village Accountant and Revenue Inspector and his staff. They found two motorcycles. The petitioner -accused No.2 was on one motorcycle and accused Nos.1 and 3 were in another motorcycle. From the possession of this petitioner, contained in the bag kept in his two wheeler 02 kg ganja has been found and it has been seized. 03 kg ganja has been seized from the bag which was in conscious possession of accused Nos.1 and 3. The seized contraband has been sent for FSL examination and FSL report indicates that it is positive for cannabis (ganja). The quantity seized from the possession of the petitioner is - 5 - HC-KAR NC: 2025:KHC:47386 CRL.P No. 14068 of 2025 more than small quantity and less than commercial quantity. The offence alleged against the petitioner is punishable with imprisonment which may extend upto 10 years. The petitioner is found to have consumed ganja and it is revealed from his urine test. There is no question of presence of gazetted officer at the time of search as no personal search of the petitioner has been conducted. Whether there is a compliance of Section 42 of NDPS Act or not has to be considered after filing final report and at trial. If the petitioner is granted bail, there are chances of he hampering the investigation and committing similar offence. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 8 Ct.sm