- 1 - HC-KAR NC: 2026:KHC:13194 CRL.P No. 1058 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1058 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MOHAMMED ALI KHAN, S/O AMJAD ALI KHAN, AGED ABOUT 47 YEARS, R/AT A.K.S HOSPITAL BUILDING, 3RD FLOOR, HUNASANAHALLI MAIN ROAD, YARAB NAGARA, RAMANAGARA TOWN, RAMANAGARA BANGALORE SOUTH DISTRICT, KARNATAKA – 562 119. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13194 CRL.P No. 1058 of 2026 AND: 1. STATE OF KARNATAKA SHO OF RAMANAGARA PS REP. BY SPP, HIGH COURT BUILDING BANGALORE – 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL FOR THE OFFENCE PUNISHABLE UNDER SECTION 21(C), 22, 60, 8(C) OF NDPS ACT 1985 IN CR. NO. 66/2025-26 OF RAMANAGARA P.S PENDING ON THE FILE OF THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13194 CRL.P No. 1058 of 2026 ORAL ORDER 1. The petitioner herein is arrayed as accused No.1 in Crime No.066/2025-26 filed by the respondent-Police for the offence punishable under Section 21(c), 22, 60 and 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act). Factual matrix of the case: 2. The case of the prosecution is that a complaint came to be registered by the informant, who was working as an Excise Inspector, Ramanagara Range, Bengaluru South Taluk, Bengaluru, stating that, on 02.01.2026, around 8.30 p.m., when the complainant was on patrolling duty, he has received an information through the informant that the petitioner herein was selling the contraband near A.K.S Hospital, Ramanagar. On receiving the said information, the complainant followed the procedure prescribed under the N.D.P.S Act and went to the spot along with staff and panchas around 08.45 p.m. He has apprehended the petitioner and seized the items, which contained 100 ml of 14 plastic bottles having Eskuf syrup, which is considered as contraband under the Schedule of - 4 - HC-KAR NC: 2026:KHC:13194 CRL.P No. 1058 of 2026 N.D.P.S Act. Therefore, a case came to be registered against the petitioner for the offences punishable under Section 21(c), 22, 60 and 8(c) of N.D.P.S Act, 1985. The investigation is under progress. 3. Heard Sri. Sirajuddin Ahmed, learned counsel for the petitioner and Sri. Rangaswamy R., learned High Court Government Pleader for respondent. 4. Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. In fact, the wife of the petitioner is a Doctor. The petitioner was not aware about the consequences regarding selling of the said syrup. 5. It is further submitted that the said cough syrup was purchased for the purpose of giving to the patient as a medicine. However, he has not aware about the scheduled offences. The petitioner is having no antecedents and the petitioner is having a deep root in the society and having good reputation in the locality. He will abide the conditions imposed - 5 - HC-KAR NC: 2026:KHC:13194 CRL.P No. 1058 of 2026 by this Court, in the event of his release on bail. Making such submission, the petitioner prayed to allow the petition. 6. Per Contra, learned High Court Government Pleader for respondent vehemently submitted that the Eskuf syrup which the petitioner was selling to the customers is considered as a contraband which comes under the Schedule of N.D.P.S Act. The items found in the said bottle were sent to FSL and reports are yet to be received. The investigation is under progress. The petitioner has committed heinous offence. Therefore, he is not entitled for any relief as prayed for in the petition. Making such submissions learned High Court Government Pleader for the respondent prays to reject the petition. 7. Heard the learned counsel for the respective parties and perused the averments of the complaint. It appears that the petitioner was selling Eskuf syrup. However, it is noted that his wife is working as a Doctor. Whether he had conscious possession or he had knowledge that the said syrup was banned by the authority by considering it as a contraband has to be decided during trial. Having considered the facts and - 6 - HC-KAR NC: 2026:KHC:13194 CRL.P No. 1058 of 2026 circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions. 8. Hence, I proceed to pass the following order: ORDER i. This Criminal Petition is allowed. ii. The petitioner is enlarged on bail in Crime No.066/2025-26 filed by the respondent- Police for the offence punishable under Section 21(c), 22, 60 and 8(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 commit any similar offence till disposal of the present case. iv. The petitioner shall appear before the Trial Court on all hearing dates, without fail. - 7 - HC-KAR NC: 2026:KHC:13194 CRL.P No. 1058 of 2026 vi. The petitioner shall not tamper the prosecution witnesses. In case, if, the petitioner violates any of the conditions stated above, liberty is reserved to the prosecution to take appropriate steps for cancellation of the bail. Sd/- (S RACHAIAH) JUDGE NM