- 1 - HC-KAR NC: 2025:KHC:45607 CRL.P No. 13681 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13681 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. B. MOHAMMAD HANEEF S/O B. MOHAMMED KUNHI AGED ABOUT 56 YEARS R/AT REHMAN TIMBER ASHOK NAGARA POST, DAMBEL MANGALORE-575 006. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: 1. THE STATE BY CEN POLICE STATION, MANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) 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.44/2025 OF MANGALORE CEN P.S. REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 8(c),22,22(c) OF NDPS ACT PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K MANGALURU. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45607 CRL.P No. 13681 of 2025 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.4 under Section 483 of BNSS praying to grant bail in Crime No.44/2025 of Mangaluru CEN Police Station registered for offences punishable under Sections 8(c), 22 and 22(c) of NDPS Act. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State. 3. Learned counsel for the petitioner would contend that quantity seized from the petitioner is 13 grams and sent for FSL examination and it is found to be methamphetamine and it is less than commercial quantity and more than small quantity. The petitioner earlier was registered with a case for offence under Section 27 of NDPS Act for consumption of narcotic drug. The petitioner is ready to co-operate with the police in the investigation - 3 - HC-KAR NC: 2025:KHC:45607 CRL.P No. 13681 of 2025 and abide by any terms and conditions to be imposed by this Court. With this, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the quantity seized from the petitioner is 13 grams and it is found positive for methamphetamine. Considering entry in Sl.No.159 of the notification, quantity sized is more than small quantity and less than commercial quantity. The punishment provided for the offence alleged is imprisonment for 10 years and fine which may extend to Rs.1,00,000/-. The petitioner earlier involved in committing an offence punishable under Section 27 of NDPS Act for consumption of narcotic drug. Now also his blood samples are examined and he is found to have consumed the narcotic drug. The investigation is in progress. If the petitioner is granted bail, there are chances of hampering the investigation and committing similar offence. With this, she prayed for rejection of the petition. - 4 - HC-KAR NC: 2025:KHC:45607 CRL.P No. 13681 of 2025 5. Having heard learned counsels, the Court has perused FIR, complaint and other materials placed on record. 6. The Police Sub Inspector on receipt of credible information has visited the spot and secured accused Nos.1 to 4 and seized from them total 51 grams of MDMA, mobile phones, cash and car under mahazar. The petitioner -accused No.4 was found to have in possession of 13 grams of MDMA and it has been seized from his possession with cash of Rs.1,980- and mobile phone. The contraband seized has been sent for FSL examination. The FSL report indicates that it is positive for methamphetamine. The small quantity as per serial number 159 of notification is 2 grams and 50 grams is commercial quantity. Considering the said aspect, the quantity of methamphetamine seized from the possession of the petitioner i.e., 13 grams is more than small quantity and less than commercial quantity. Considering the said aspect, the offence alleged against the petitioner is - 5 - HC-KAR NC: 2025:KHC:45607 CRL.P No. 13681 of 2025 punishable with imprisonment which may extend to 10 years and fine of Rs.1,00,000/-. The petitioner earlier was involved in consumption of narcotic drug and committing offence under Section 27 of NDPS Act. Now the petitioner is alleged to have involved in sale of narcotic drug along with other accused. The blood test report of the petitioner indicates that he has consumed the narcotic drug. The investigation is in progress. The petitioner is having criminal antecedents. If the petitioner is granted bail, there are chances of committing similar offence. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. 7. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 2 Sl No.: 4