- 1 - HC-KAR NC: 2026:KHC:14615 CRL.P No. 1382 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1382 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI. MUBARAK S/O FAYAZ AHMED AGE ABOUT 34 YEARS, R/A NO.3EJU HOUSE 12TH CROSS, MODIMASJID ROAD, D J HALLI, BENAGALURU – 560045. …PETITIONER (BY SRI. MANOJ S N.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY CCB PS REP BY THE SPP OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDING, BENGALURU – 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14615 CRL.P No. 1382 of 2026 THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO PASS AN ORDER GRANTING BAIL THEREBY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED NO.3 IN SPL. C.C.NO.2249/2025 FOR THE ALLEGED OFFENCES P/U/S 8(c), 20(b)(ii)(A), 20(b)(ii)(B), 20(b)(ii)(C) OF NDPS ACT 1985, REGISTERED BY THE RESPONDENT POLICE IN CR.NO.29/2025 PENDING BEFORE THE FILE OF LEARNED XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS), BENGALURU (CCH-33), IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:14615 CRL.P No. 1382 of 2026 ORAL ORDER The petitioner/accused No.3 is before this Court seeking for grant of regular bail in Spl.CC.No.2249/2025 (arising out of Crime No.29/2025) pending on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru (CCH-33) for the offence punishable under Sections 8(C), 20(b)(ii)(A), 20(b)(ii)(B), 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985. Brief facts of the case: 2. The case of the prosecution is that, pursuant to the prior information given to the complainant, the complainant and his team along with the panchas conducted raid and apprehended one Rusan Ali and Mubarak. On questioning them, Mubarak has revealed that he was working as an auto driver and he has received an information that he should go to Goragunte Palya Industrial Area and meet one person who was waiting in a - 4 - HC-KAR NC: 2026:KHC:14615 CRL.P No. 1382 of 2026 car bearing registration No.WB-12-D-7807, which had came from Arakku Valley. 3. It is further stated that as per the said instructions, he went to the spot and met the person who came from Arakku Valley, thereafter, he along with the said driver started moving to the destination. In the meantime, the complainant and his team apprehended them and asked the details of their identity. As per averments of the complaint, the persons who were in the car disclosed themselves as Rusan Ali and Mubarak. 4. It is further stated that the complainant and his team, conducted search and seized contraband, which is known as ganja. As per the averments of the complaint, 23 kgs. and 645 grams of ganja was seized from the car. Thereafter, the case has been registered against the petitioner and others. They conducted investigation and submitted the charge sheet. - 5 - HC-KAR NC: 2026:KHC:14615 CRL.P No. 1382 of 2026 5. Heard Sri.Manoj S.N., learned counsel for the petitioner and Sri.Rangaswamy R., learned High Court Government Pleader for the respondent-State. 6. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences. There are no criminal antecedents against the petitioner. He is not aware about the contraband which was kept in the said car. In fact, there is a delay in conducting the inventory and also there is a delay in sending the contraband to the FSL, which creates a doubt regarding the seizure of the contraband. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Moreover, he is not an habitual offender. He is the earning member of the family. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. - 6 - HC-KAR NC: 2026:KHC:14615 CRL.P No. 1382 of 2026 7. Per contra, Learned High Court Government Pleader for the respondent-State vehemently submitted that the contraband of which the complainant and his staff has seized is of commercial quantity. Merely because, there is a delay in sending the sample to the FSL and there is a delay in conducting the inventory would not sufficient to hold that the incident had not at all taken place. The petitioner and others with intention to sell the contraband to the IT/BT employees and other youths of the city brought the said contraband from Vishakapatnam and they were trying to sell the contraband. The act of the petitioner and others is heinous in nature.. The petitioner and others are trying to spoil the youths in the society and also the entire nation. 8. It is further submitted that If the petitioner is enlarged on bail, certainly he may commit similar offences and also there may be chances of absconding from the case. Hence, it is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. - 7 - HC-KAR NC: 2026:KHC:14615 CRL.P No. 1382 of 2026 9. Heard the learned counsel for the respective parties and perused the averments of the charge sheet, which would indicate that the petitioner was instructed to receive the contraband from accused No.3, who in fact had brought the said contraband from Vishakapatnam. Accordingly, he had been to the spot/location and it is alleged that the present petitioner and Rusan Ali were apprehended by the complainant and his team. The manner in which the respondent-police have conducted inventory and also delay in sending the samples to the FSL certainly would create a doubt in the mind of the Court. Moreover, the petitioner is not an habitual offender and as of now, there is no live link between the accused No.1 and the petitioner. Therefore, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 10. Hence, I proceed to pass the following: - 8 - HC-KAR NC: 2026:KHC:14615 CRL.P No. 1382 of 2026 ORDER (i) The petition is allowed. (ii) The petitioner is enlarged on bail in Spl.CC.No.2249/2025 (arising out of Crime No.29/2025) pending on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru (CCH-33) for the offence punishable under Sections 8(C), 20(b)(ii)(A), 20(b)(ii)(B), 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985, on executing a personal bond for a sum of Rs.1,00,000/- with one (01) surety for the like sum of the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 9 - HC-KAR NC: 2026:KHC:14615 CRL.P No. 1382 of 2026 (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 32