- 1 - HC-KAR NC: 2025:KHC:43025 CRL.P No. 12614 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12614 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NADEEM PASHA @ NADEEM S/O JAVID PASHA AGED ABOUT 25 YEARS RESIDING AT No.440 RAZAKSAB PALYA BAGALUR POST YELAHANKA TALUK BENGALURU - 562 149. …PETITIONER (BY SRI SHRIDHARA K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY YELAHANKA P.S. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AMBEDKAR VEEDI BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43025 CRL.P No. 12614 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C. (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.No.251/2025 OF RESPONDENT -YELAHANKA POLICE FOR THE ALLGED OFFENCES PUNISHABLE UNDER SECTION 22(C) OF NDPS ACT, PENDING ON THE FILE OF METROPOLITAN MAGISTRATE 7TH ADDL. CJM, BENGLAURU CITY 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 1. This petition is filed by accused No.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in crime No. 251/2025 of Yelahanka Police Station registered for offence under Section 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the `NDPS Act’). 2. Heard learned counsel for petitioner and learned HCGP for respondent – State. 3. Learned counsel for petitioner would contend that search has not been conducted in the presence of - 3 - HC-KAR NC: 2025:KHC:43025 CRL.P No. 12614 of 2025 Gazetted Officer as required under Section 50 of the NDPS Act. Accused No. 2 who has supplied the contraband to accused No. 1 has been granted bail. There are no criminal antecedents of the present petitioner. With this he prayed to allow the petition. 4. Per contra learned HCGP would contend that the seizure of the contraband is from the car and therefore there is no necessity for presence of Gazetted Officer. The officer conducting raid had taken permission of his superior officer to conduct the raid and seized the contraband kept in the car and he was told that there was no necessity for presence of Gazetted Officer for seizure from the car. Section 50 of the NDPS Act provides for search of a person in the presence of Gazetted Officer. That provision is not applicable for search in the car. Punishment provided for offence alleged is imprisonment for 10 years which may extend to 20 years. Investigation is in progress. Quantity of contraband – MDMA seized is commercial quantity, i.e., 42.72 Gms. Rigor of Section 37 - 4 - HC-KAR NC: 2025:KHC:43025 CRL.P No. 12614 of 2025 of the NDPS Act is applicable and therefore, petitioner is not entitled for grant of bail. With this he prayed to reject the petition. 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. Case of the prosecution is that on 20.07.2025 when first informant was on rounds, at 03.00 pm, he received credible information that the petitioner was selling MDMA by sitting in a Honda City car bearing No. KA 03 - MJ – 6271. In order to confirm the said information he had been to the spot and he saw one person sitting in the said car and selling the contraband to students. He returned to the Police Station at 03.20 pm and submitted a report on the basis of which crime No. 251/2025 was registered against the petitioner for offence under Section 22(C) of NDPS Act. Subsequently Investigating Officer gave information to his higher officer and obtained permission to conduct raid. He conducted raid and secured - 5 - HC-KAR NC: 2025:KHC:43025 CRL.P No. 12614 of 2025 the petitioner. At the instance of the petitioner contraband kept in the car has been seized and it was weighing 42.72 Gms of MDMA. On interrogation petitioner informed that he had purchased the same from accused No. 2. 7. Section 50 of the NDPS Act is applicable for search of persons. In the present case there is no search of person, i.e., petitioner. Contraband kept in the car has been seized at the instance of the petitioner. Considering the said aspect the contention of the learned counsel for petitioner that search has to be conducted in the presence of Gazetted Officer does not hold any water. Quantity of contraband seized is 42.72 Gms of MDMA and it is commercial quantity. Contraband has been seized from the car of the petitioner and petitioner was also present at the time of raid in the car. Considering the above aspect, at this stage, it cannot be said that the petitioner is not involved in commission of offence under the NDPS Act. Considering the above aspects petitioner is not entitled for grant of bail. - 6 - HC-KAR NC: 2025:KHC:43025 CRL.P No. 12614 of 2025 8. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 4 Ct.sm