- 1 - HC-KAR NC: 2026:KHC:8070 CRL.P No. 13391 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13391 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR. SHAIK VAZEER SULTAN S/O SHAIK HABIDH ALIKHAN AGE ABOUT 20 YEARS R/AT NO.1-5 -68, SIVAPURAM SOUTH SIDE WARD 1 NEAR NAKULAMMA TEMPLE NARSIPATNAM MANDALAM, ANKANAPALLI ANDHRA PRADESH-531 116 2. KAKRA RAJESH S/O KAKRA BENNAYA AGED ABOUT 20 YEARS R/AT 1-44, GOLUGUNDA MANDALAM VISHAKAPATTANAM, AP-531 116 …PETITIONERS (BY MISS. AISHWARYA K, ADVOCATE FOR SRI. RUPESH R, ADVOCATE) AND: THE STATE OF KARNATAKA BY INSPECTOR OF POLICE BYAPANAHALLI RAILWAY POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8070 CRL.P No. 13391 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C. (FILED UNDER SECTION 483 OF BNNS) PRAYING TO RELEASE THE PETITIONERS ON BAIL IN SPL.C.NO.177/2025 (CR.NO.67/2024 BAYAPPANAHALLI RAILWAY P.S.) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 20(b)(ii)(C) OF NDPS ACT NOW PENDING ON THE FILE OF LEARNED 34TH ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. 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 Nos. 1 and 2 under Section 483 of BNSS, praying to grant bail in Spl.C. No. 177/2025, (Crime No. 67/2024 of Bayappanahalli Railway Police Station) registered for offence under Section 20(b)(ii)(C) of NDPS Act pending on the file of XXXIV Additional City Civil and Sessions Judge, Special Judge NDPS, Bengaluru (CCH-35). 2. Heard learned counsel for petitioners and learned HCGP for respondent - State. - 3 - HC-KAR NC: 2026:KHC:8070 CRL.P No. 13391 of 2025 3. Learned counsel for petitioners would contend that the contraband seized is not from physical possession of the petitioners. The FSL report indicates that the contraband seized includes leaves and seeds. As per definition of Ganja as contained in Section 2(iii)(b), Ganja is only the flowering or fruiting tops of the cannabis plant, excluding the seeds and leaves when not accompanied by the tops. Considering the said aspect, entire quantity seized cannot be considered to be commercial quantity. On that point, she placed reliance on the following decisions: a) Mohammad Jakir Nawab Ali Vs. The State of Maharashtra thr. P.S.O., P.S. Sonala, Dist. Buldhana, 46 ba 602-2024 b) Hari Mahadu Valse Vs. The State of Maharashtra, 18 BA2299.2019.doc 4. Learned counsel for petitioners would further contend that chargesheet has been filed and therefore petitioners are not required for further custodial interrogation. Petitioners are not having any criminal - 4 - HC-KAR NC: 2026:KHC:8070 CRL.P No. 13391 of 2025 antecedents. Petitioners are aged 19 and 20 years respectively and if they are continued in the prison, it will affect their future. With this she prayed to allow the petition. 5. Per contra learned HCGP would contend that the quantity seized is commercial quantity and it was contained in 14 bundles. Petitioners were in conscious possession of the contraband seized. As the contraband seized is commercial quantity, the rigor of Section 37 of NDPS Act applies. If the petitioners are granted bail, there are chances of they repeating similar offence. With this, she prayed to reject the petition. 6. Having heard learned counsel for the parties, the Court has perused the chargesheet and other materials placed on record. 7. Petitioners were found traveling with contraband and it was found to be Ganja and its weight was 25.5 kg. Said contraband seized was sent to FSL and it was found positive for Ganja. Learned counsel for petitioners, - 5 - HC-KAR NC: 2026:KHC:8070 CRL.P No. 13391 of 2025 referring to the definition of Ganja contained in Section 2(iii)(b) of NDPS Act would contend, that Ganja is only the flowering or fruiting part of the cannabis plant, excluding the seeds and leaves when not accompanied by the tops. Even the seeds and leaves are taken into consideration while weighing the contraband. If the said weight is excluded, the weight of the contraband may be lesser than commercial quantity. In the decision relied upon by the learned counsel for petitioners in the case of Mohammad Jakir Nawab Ali (supra), plant has been seized and entire weight of the plant has been taken into consideration. In the case of Hari Mahadu Valse (supra) quantity seized was green leaves, flowers, and seeds. Even for the sake of argument if the weight of the seeds and leaves is excluded, the contraband seized may become lesser than the commercial quantity, but, punishment provided for offence involving intermediate quantity is, imprisonment which may extend to ten years. Chargesheet material show prima facie case against the petitioners for offence alleged - 6 - HC-KAR NC: 2026:KHC:8070 CRL.P No. 13391 of 2025 against them. If the petitioners are granted bail, there are chances of they committing similar offence. Drug trafficking not only affects the citizens, it especially affects the youngsters. 8. According to many news reports, India faces a clear dilemma between tackling the narcotics crisis systematically or sacrificing its most valuable resource i.e. its young people. The extent of menace of drug abuse has also been highlighted by the Hon’ble Apex Court in the case of Ankush Vipan Kapoor v. National Investigation Agency, (2025) 5 SCC 155 wherein it is observed as under: "86. The ills of drug abuse seem to be shadowing the length and breadth of our country with the Central and every State Government fighting against the menace of substance abuse. The debilitating impact of drug trade and drug abuse is an immediate and serious concern for India. As the globe grapples with the menace of the escalating Substance Use Disorders ("SUD") and ever accessible drug market, consequences leave a generational imprint on public health and even - 7 - HC-KAR NC: 2026:KHC:8070 CRL.P No. 13391 of 2025 national security. Article 47 of the Constitution makes it a duty of the State to regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. The State has a responsibility to address the root causes of this predicament and develop effective intervention strategies to ensure that India's younger population, which is particularly vulnerable to substance abuse, is protected and saved from such menace. This is particularly because substance abuse is linked to social problems and can contribute to child maltreatment, spousal violence, and even property crime in a family." 9. Considering the above aspects, petitioners have not made out any ground for grant of bail. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 4