- 1 - HC-KAR NC: 2025:KHC:43314 CRL.P No. 13280 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13280 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. RIYAZ AHAMED S S/O SIKANDHAR.P AGED ABOUT 32 YEARS R/A # 15/6/4/2(1) DESIYA VINAYAGAN PILLAI STREET THASILDHAR NAGARA THAMARAI KULAM THENI DISTRICT TAMIL NADU-625605 …PETITIONER (BY SRI KARTHIK M, ADVOCATE) AND: 1. THE STATE OF CCB (ANW) POLICE STATION BENGALURU CITY (REP. BY SPP, HIGH COURT KARNATAKA HIGH COURT BUILDING BANGALORE-09) …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.34/2025 FOR AN OFFENCE PUNISHABLE UNDER SECTION 8(c), 20(b)(ii)(A)(B)(C) OF NARCOTICS DRUGS AND Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43314 CRL.P No. 13280 of 2025 PSYCHOTROPIC SUBSTANCE ACT, 1985 OF CCB (ANW) POLICE STATION AND ETC., 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 accused No.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.34/2025 of CCB Bengaluru City Police registered for the offences punishable under Sections 8(c), 20(b)(ii)(A)(B)(C) of Narcotics Drugs And Psychotropic Substance Act, 1985. 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for the respondent/ State. 3. The learned counsel for petitioner would contend that, the accused No.2, who is similarly placed to that of this petitioner/accused No.1, has been granted bail by the Trial Court, and therefore, the petitioner is entitled for grant of bail on the ground of parity. When the weight - 3 - HC-KAR NC: 2025:KHC:43314 CRL.P No. 13280 of 2025 of the contraband has been taken by the learned Judicial Magistrate, it weighed 20 kgs 135 grams, and it is less than by 100 grams of the contraband seized i.e. 21 kg 235 grams. The sample drawn is 140 grams with cover and that is sent to the FSL is 100 grams. 4. The petitioner's earlier bail petition came to be rejected by the Special Court, and subsequently he filed a bail application on the ground of parity as accused No.2 has been granted bail, and it also came to be rejected. The Special Court has not considered the ground of parity, stating that it is not a compelling ground to grant bail. 5. The learned counsel by placing reliance on the order passed by this Court in Crl.P No.10198 of 2022 would contend that, the contraband seized includes stem, root, flower, and this said entire weight is should not taken into consideration. There is a contradiction in the voluntary statement of accused No.1, and the statement of the - 4 - HC-KAR NC: 2025:KHC:43314 CRL.P No. 13280 of 2025 owner of the vehicle with regard to who has taken the vehicle. With this, he prayed to grant bail. 6. Per contra, the learned Additional State Public Prosecutor, would contend that, the quantity of ganja seized from the petitioner is a commercial quantity, i.e. 21 kgs. 235 grams. The voluntary statement of petitioner itself indicates that, since long he is dealing with narcotic drugs. The charge sheet material shows prima facie case against the petitioner for the offence alleged against him. The FSL report indicates that, the sample examined is found positive for ganja. If the petitioner is granted bail, there are chances of he committing similar offence. The offence alleged against the petitioner is punishable with imprisonment for 10 years, which may extend to 20 years. The offence alleged against the petitioner affects the society at large including the youngsters. With this, she prayed for dismissal of the petition. - 5 - HC-KAR NC: 2025:KHC:43314 CRL.P No. 13280 of 2025 7. Having heard the learned counsel, the Court has perused the FIR, complaint, charge sheet papers and other materials placed on record. 8. The case of the prosecution is that, on 05.05.2025 at about 06.00 p.m, when the complainant was in the office, he received an information through NCB officers that, in a vehicle bearing No.KL-41G-932, two unknown persons are illegally transporting ganja from Vishakapatnam, Andhra Pradesh to Kerala, and within two days, they would pass through Madiwala - Hosur road from Bangalore to Kerala. Based upon receipt of the information, he registered a suo motu case against unknown persons in Crime No.34 of 2025 for the offence punishable under Section 8(c) read with Section 20(b)(ii) A, B, C of NDPS Act, 1985. Thereafter, he informed the matter to the higher officer, and obtained permission to conduct a raid on 06.05.2025. He along with the panchas and staff had been to the spot at 03.55 p.m. and stopped the vehicle at a distance. The first informant came and - 6 - HC-KAR NC: 2025:KHC:43314 CRL.P No. 13280 of 2025 showed the vehicle bearing Regn. No.KL-41G-932 and stated that, they are possessing the illegal ganja. They surrounded the said vehicle and apprehended two suspects. Upon enquiry, they revealed their names and addresses and upon search of the vehicle, they found 21 kg 235 grams of ganja. They seized the same under mahazar. The accused persons were arrested and remanded to judicial custody. 9. The contraband seized has been produced before the learned Judicial Magistrate. A sample of 100 grams was drawn, and it was sent to FSL. The FSL report has been received, which indicates that the sample examined is positive for ganja. The sample taken is 100 grams, and it is packed with a cover, and it weighed 140 grams. While sending the sample to FSL, it is mentioned that, it is 100 grams. The said weight of the sample with a cover is 140 grams. Therefore the said contention of the learned counsel for petitioner that, there is a discrepancy - 7 - HC-KAR NC: 2025:KHC:43314 CRL.P No. 13280 of 2025 in the sample taken and sent to FSL cannot hold any substance. 10. The ganja seized from the car, in which accused Nos. 1 and 2 were travelling, is 21 kgs 235 grams. The said seized a contraband consists of wet stem, root and flowers. 11. Section 2(iii)(b) of NDPS Act, 1985 defines `ganja' that is, the flowering and fruiting top of cannabis plants (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated. Considering the said aspect, the entire contraband seized from the possession of the accused persons, weighs 21 kgs 235 grams cannot be considered as ganja in toto. Even though the entire contraband seized is not ganja, but it contains flowering and flowering top of cannabis plants. Considering the weight of contraband seized from the accused persons kept in the car, it cannot be considered to be a small - 8 - HC-KAR NC: 2025:KHC:43314 CRL.P No. 13280 of 2025 quantity. It may come under the category of intermittent quantity, that is, less than commercial quantity, but greater than small quantity. The punishment provided for the same under Section 20(b)(ii)(B) is rigorous imprisonment, which may extend to ten years and with a fine, which may extend to Rs.1,00,000/-. 12. On perusal of voluntary statement of petitioner/accused No.1, he is involved in commission of offence under NDPS Act, 1985 since several days. It appears that, he is a habitual dealer in the narcotics drugs. If he is granted bail, there are chances of he committing similar offence, which affects the society at large, especially youngsters. 13. The parity is not a compelling ground to grant bail as held by Hon'ble Allahabad High Court in the case of Mumtaz -vs- State of UP and another reported in 2000 Crl.LJ 4497. - 9 - HC-KAR NC: 2025:KHC:43314 CRL.P No. 13280 of 2025 14. Considering all the above aspects, the petition is not entitled for grant of bail. In the result, the following: ORDER The petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 3