- 1 - HC-KAR NC: 2025:KHC:28971 CRL.P No. 9543 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9543 OF 2025 BETWEEN: 1. T.S. MOHAMMED JAHID, S/O H.A. SHANSHUDDIN, AGED ABOUT 25 YEARS, OCC SOFTWARE ENGINEER, R/A NO. K-32, 4TH CROSS, 1ST MAIN, PATEL MUNIYAPPA LAYOUT, VISHWANATH NAGENAHALLI, HEBBAL, BANGALORE CITY. 2. M. ISMAIL ADNAN, S/O MOHAMMED H.P., AGED ABOUT 24 YEARS, OCC SENIOR EXECUTIVE IN A PRIVATE COMPANY, R/A NO. K-32, 4TH CROSS, 1ST MAIN, PATEL MUNIYAPPA LAYOUT, VISHWANATH NAGENAHALLI, HEBBAL, BANGALORE CITY. (NOW IN JUDICIAL CUSTODY) …PETITIONERS (BY SRI. BALAKRISHNA M R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BYATARAYANAPURA P.S., BANGALORE CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28971 CRL.P No. 9543 of 2025 HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI.R.RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO RELEASE PETITIONERS / ACCUSED NO.1 AND 2 ON BAIL PENDING INVESTIGATION/TRIAL IN CRIME NO.187/2025 NOW PENDING ON THE FILE OF THE HONLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT BENGALURU CCH-33 REGISTERED BY THE RESPONDENT BYATARAYANAPURA POLICE, BENGALURU CITY FOR THE ALLEGED OFFENCES P/U/S. 20(b) AND 8(c) OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are before this Court praying to enlarge them on bail under Section 483 of BNSS, 2023 in connection with Crime No.187/2025 of Byatarayanapura Police Station, Bengaluru City, registered for offences punishable under Sections 20(b), 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). - 3 - HC-KAR NC: 2025:KHC:28971 CRL.P No. 9543 of 2025 2. Heard the learned counsel for petitioners, learned High Court Government Pleader for the State and perused the material on record. 3. The first informant is the police constable working in crime division of Byatarayanapura Police Station, Bengaluru City. He lodged the complaint on 14.06.2025, alleging that he received a credible information that some unknown persons are coming near Satellite Bus Stand and meeting few boys and giving them a parcel box containing ganja and other contrabands and the said person would be coming near the Satellite Bus Stand at about 3:45 pm on 14.06.2025. 4. Based on the above information, aforementioned crime was registered against unknown persons. On 14.06.2025 at about 4:50 p.m., the complainant along with his staff and panchas went to the spot, i.e., near Satellite Bus Stand, wherein he received further information from the informants that the accused - 4 - HC-KAR NC: 2025:KHC:28971 CRL.P No. 9543 of 2025 have taken the contraband towards Kannika Apartment in Patel Muniyappa Layout, Hebbal. Accordingly a raid was conducted in house No.32, 4th Cross, 1st Main, Kannika Apartment, wherein accused Nos.1 and 2 i.e., petitioners herein were present. From the said house a cardboard parcel box containing 50 jelly packets weighing about 1440 grams of ganja mixed jelly was seized. 5. Both the accused were arrested. The seized contraband was subjected to P.F.No.119/2025. 6. The learned High Court Government Pleader has contended that the investigation is under progress and from the possession of the petitioners 1440 grams of ganja mixed jelly (ganja gummies) are seized. Hence, in view of the prima facie case against them, they are not entitled for bail. 7. Learned Counsel for the petitioners has contended that the seized substances is not ganja or any prohibited substance as alleged by the prosecution and - 5 - HC-KAR NC: 2025:KHC:28971 CRL.P No. 9543 of 2025 even accepting that ganja has been seized from the possession of the petitioners, it is not a commercial quantity and therefore, the rigor of Section 37 of NDPS Act would not apply. It is also contended that petitioners have no bad antecedents, petitioner No.1 is a software engineer, petitioner No.2 is working as a senior executive in a private Company. He submitted that the petitioners will undertake to furnish sufficient surety to ensure their presence before the trial Court and they are not required for further investigation. Accordingly, sought to allow the petition and enlarge the petitioners on bail. 8. According to prosecution, the complainant received a credible information that a person used to come near Satellite Bus Stand and supply parcel box containing contraband to certain boys and therefore, he along with his staff and panchas went to the spot, i.e., near Satellite Bus Stand. Further, he received information that the accused have taken the parcel box to their house situated at Kanikka Apartment, Muniyappa Layout, Hebbal and - 6 - HC-KAR NC: 2025:KHC:28971 CRL.P No. 9543 of 2025 therefore, conducted a raid in the said house, wherein a cardboard parcel box containing 50 ganja mixed jelly packets by name Runtz Gummies 500 MG were found. Apart from the same, cash of Rs.50,000/-, two mobile phones were also seized. 9. The learned counsel for petitioner relied on a decision of this Court passed in Crl.P.No.201453/2023 disposed on 03.10.2023 to contend that it is nowhere mentioned in the NDPS Act that ganja mixed chocolates as prohibited drug and there is no notification in respect of the same. 10. Para Nos.9 to 12 of the above judgment is extracted hereunder:- 9. On bare reading of the provision of Section 2(iii)(a) and (b) of NDPS Act that, charas and ganja or (c) i.e., any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom, there is no scientific evidence before this Court to show that ganja mixed chocolates which are prepared out of either charas or ganja or ganja leaves. Since ganja leaves and seeds are excluded from the definition of ganja - 7 - HC-KAR NC: 2025:KHC:28971 CRL.P No. 9543 of 2025 and nowhere in the NDPS Act, the chocolates are referred as a prohibited drug. Even the State Government has not made any rules under the NDPS Act and mentioned about the mixed ganja chocolates as prohibited or issued any notifications in respect of the same. Therefore, until receipt of forensic science lab report in order to confirm that these chocolates are prepared out of the ganja, the Court cannot come to a conclusion that, the chocolates are prepared out of the substance of ganja. 10. In a decision reported in (2018) 11 SCC 488 in the case of Birbal Prasad v. State of Bihar, the Hon'ble Supreme Court considering the fact that, the quantity seized being only 14 kgs. of ganja, which is noncommercial quantity and the accused was not involved in any other cases, has granted bail to the accused. 11. In the case on hand, the contraband alleged to have been seized from the possession of the petitioners is 1.086 Kg and it is noncommercial quantity. The offences alleged against the petitioners are not punishable with death or imprisonment for life. The petitioners are in judicial custody since 04.08.2023 and FSL report is still awaited. Though, the investigation is pending, alleged ganja in possession of the petitioners is only 1.086 kg. 12. It is well established principle of law that, while considering the bail petition the Court has to consider the nature of the offences, the circumstances in which the offence is committed, the position and status of the accused with reference to the victim and the witnesses, the likelihood of fleeing away from justice, of repeating - 8 - HC-KAR NC: 2025:KHC:28971 CRL.P No. 9543 of 2025 same offences or tampering with prosecution witnesses, the character and antecedents of the accused. Keeping all these factors in mind, on careful perusal of the entire material available on record, this Court is of the opinion that, the petitioners are entitled to grant of bail in their favour. 11. In the above referred case, the allegations are that the accused have illegally stored 200 ganja mixed chocolates and therefore committed offences punishable under Sections 20(b), 20(b)(ii)(B) and 25 of the NDPS Act, 1985. This Court after considering that the contraband alleged to have been seized from the possession of the accused therein is noncommercial quantity and the offences alleged are not punishable with death or imprisonment for life, by imposing conditions, enlarged the accused on bail. 12. The prosecution has to establish its case against the petitioners in a full-fledged trial. The petitioners have no criminal antecedents. They are not required for any further investigation. Considering the facts and circumstances without expressing any view on the merits of the case, by - 9 - HC-KAR NC: 2025:KHC:28971 CRL.P No. 9543 of 2025 imposing suitable conditions, petitioners can be admitted to bail. Accordingly, the following: ORDER (i) Petition is allowed. (ii) Petitioners/accused Nos.1 and 2 in Crime No.187/2025 of Byatarayanapura Police Station, Bengaluru City, pending on the file of the Court of the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS) Bengaluru, shall be enlarged on bail, subject to following conditions: a) Petitioners/accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) They shall furnish proof of their residential address and shall inform the Investigation Officer/Court, if there is any change in the address. - 10 - HC-KAR NC: 2025:KHC:28971 CRL.P No. 9543 of 2025 c) They shall cooperate with the investigation of the case. d) They shall not tamper with the prosecution witnesses either directly or indirectly. e) They shall not indulge themselves in committing any offence. f) They shall appear before the trial Court regularly on all dates of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE KVR List No.: 1 Sl No.: 26