- 1 - HC-KAR NC: 2025:KHC:33419 CRL.P No. 11477 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11477 OF 2025 BETWEEN: AFZAL PASHA AGED ABOUT 32 YEARS S/O AKBAR PASHA R/AT NO. 12B, 4TH CROSS, JAMIA MASJID ROAD, ILYAZ NAGAR, BENGALUR CITY, BANGALORE 560 078 …PETITIONER (BY SRI. M. ABDUL SALAM, ADVOCATE FOR SMT. SHANTHALADEVI B.R., ADVOCATE) AND: THE STATE OF KARNATAKA THE STATE REP BY THE INSPECTOR OF POLICE KUMARASWAMY LAYOUT POLICE STATION BANGALORE 560 078 REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE 560 001 …RESPONDENT (BY SRI. K.NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33419 CRL.P No. 11477 of 2025 CRIME NO.101/2025 FOR THE ALLEGED OFFENCE P/US/ 20(b)(ii)(C) OF NDPS ACT REGISTERED BY THE KUMARSWAMY LAYOUT POLICE STATION NOW THE CASE IS PENDING BEFORE THE HONBLE XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the arguments of learned counsel for petitioner and learned HCGP for respondent/State. Perused the material on record. 2. FIR in Crime No.101/2025 of Kumaraswamy Layout Police Station, Bangalore, is registered against accused Nos.1 to 4 for the offence punishable under Section 20(b)(ii)(c) of NDPS Act, 1985. Petitioner is arraigned as accused No.1. Learned Sessions Judge in Criminal Misc. No.3854/2025 by order dated 05.06.2025 has dismissed the petition seeking bail. This petition is filed under Section 483 of BNSS 2023 to enlarge the petitioner on bail. - 3 - HC-KAR NC: 2025:KHC:33419 CRL.P No. 11477 of 2025 3. In the complaint lodged by the PSI of Kumaraswamy Layout Police Station, it is alleged that on 29.04.2025 at about 3.30 p.m., while he was on patrolling along with a Head Constable by name Sri Dayananda, they noticed an Innova Car parked near Indian School in Manjunatha Layout, 5th Main Road. On seeing them, a person standing near the Car ran away. Hence, they raised suspicion and went near the car and enquired with the persons present in the Car, who gave evasive answers. When asked to open the dicky of the Car, one of them opened the dicky, wherein, it was found that they had concealed 14 packets containing Ganja, each weighing 1 to 2 kgs. The said three persons present in the car disclosed the name of the person, who ran away from the spot as one Syed Ilias (accused No.4). 4. Fourteen bundles of Ganja weighing about 29 kgs 31 gms, Innova Car bearing Registration No.KA-17 A 3936 as - 4 - HC-KAR NC: 2025:KHC:33419 CRL.P No. 11477 of 2025 well as two mobile phones were seized in the presence of panchas, under a mahazar. 5. Learned counsel for the petitioner has contended that the Ganja was found in the dicky of the Car and therefore, it cannot be presumed that the petitioner, who was sitting in the front seat had any knowledge about the Ganja in the dicky. Relying on a decision of the Hon'ble Apex Court in the case of UNION OF INDIA VS. BAL MUKUND AND OTHERS (2009) 12 SCC 161, he contended that the petitioner having conscious possession of Ganja, has to be proved during trial and the prosecution must prove the knowledge and control of the petitioner over the seized Ganja. 6. Learned HCGP has contended that petitioner was arrested along with other accused persons and from the dicky of the Car, commercial quantity of Ganja was seized and therefore, there is a prima facie case as against the petitioner. He contended that petitioner is not entitled for relief of bail. - 5 - HC-KAR NC: 2025:KHC:33419 CRL.P No. 11477 of 2025 7. In the above decision, it is held that mere presence in a vehicle from which contraband is recovered is not sufficient to prove conscious presence of the Ganja under Section 20(b)(ii)(c) of the NDPS Act. Admittedly the seized Ganja was not in the exclusively possession of the petitioner. As per prosecution, when the police enquired, the persons in the Car, they gave evasive answers and therefore, they were asked to open the dicky of the Car, wherein 14 packets containing Ganja were found. 8. The prosecution must prove in trial that the petitioner had the knowledge that the Ganja was concealed in the dicky of the Car and he was in conscious possession and control over it. At this stage, there are reasonable grounds to believe that the petitioner is not guilty of the offence. No criminal antecedents against the petitioner has been brought to the notice of the Court. Charge sheet is filed. Hence by imposing stringent conditions, petitioner can be admitted to bail. Accordingly the following:- - 6 - HC-KAR NC: 2025:KHC:33419 CRL.P No. 11477 of 2025 ORDER Petition is allowed. Petitioner/accused No.1 in Crime No.101/2025 registered by Kumaraswamy Layout Police Station, Bangalore, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish his residential address/contact number and shall inform the Court, if there is change in the address/contact number. 3. He shall not leave the jurisdiction of the trial Court without prior permission of the learned Trial Judge. 4. He shall not tamper with the prosecution witnesses either directly or indirectly. - 7 - HC-KAR NC: 2025:KHC:33419 CRL.P No. 11477 of 2025 5. He shall appear before the trial Court on all dates of hearing without fail. 6. He shall not indulge himself and commit any offence. 7. He shall co-operate for the early disposal of the case. If any of the above conditions are violated, the prosecution is at liberty to move the Trial Court for cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE NG List No.: 1 Sl No.: 35