- 1 - HC-KAR NC: 2026:KHC:24755 CRL.P No. 7067 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 7067 OF 2026 BETWEEN: 1. SUMESH S S/O LATE SURESH AGED ABOUT 30 YEARS, R/O CLAPPANA VILLAGE, KARUNAGAPALLI TALUK, KOLLAM DISTRICT, KERALA STATE - 690457 …PETITIONER (BY SRI. RAKSHITH R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SOLDEVANAHALLI POLICE STATION REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001 …RESPONDENT (BY SMT.WAHEEDA.H.M., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.242/2025 OF SOLADEVANAHALLI POLICE STATION PENDING ON THE FILE OF VIII ADDL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES, BENGALURU RURAL DISTRICT, BENGALURU IN SPL.C.NO.918/2025 FOR THE Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24755 CRL.P No. 7067 of 2026 OFFENCES PUNISHABLE UNDER SECTION 8 (c), 22 (c) OF THE NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner - accused No.1 in Crime No.242/2025 for the offences punishable under Sections 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS ACT) is before this Court seeking grant of bail. 2. The case of the prosecution is that on 11.07.2025 Police Sub-Inspector of Soladevanahalli, while on duty in the Police Station, received a credible information from his informant that within his jurisdiction unknown persons in a white colour Swift Dzire car were selling prohibited contraband MDMA to the students in public. Soon thereafter, he conducted a raid after seeking permission from the Assistant Commissioner of Police, Yeshwanthpura, in the presence of the panchas and recovered 59 grams of MDMA and Rs.2,500/- cash. Accused were arrested and chargesheet is filed. Accused has been in custody since the date of his arrest on 11.07.2025. - 3 - HC-KAR NC: 2026:KHC:24755 CRL.P No. 7067 of 2026 3. Learned counsel for the petitioner submits; (i) that there is a gross violation of mandatory requirement envisaged under Section 42 of the NDPS Act. (ii) That nothing is placed on record either in the complaint or in the mahazar or even in the chargesheet regarding reducing the information into writing as mandatory requirement. (iii) That the alleged contraband substance has been found to be in a plastic cover total weight of which has been shown as '59 grams'. The prosecution has not provided the actual weight of the cover and the substance. (iv) The test reports have revealed that the contraband substance is 'Methamphetamine' the commercial quantity of which is 50 grams. (v) Though the alleged seizure was done on 11.07.2025, permission of the Magistrate was sought to send the substance for Lab Test only on 18.07.2025 and the substance was dispatched on 19.07.2025 i.e., eight days after seizure. (vi) that as per the Circular issued, the substance is required to be dispatched within 72 hours for lab test of drawing inventory. - 4 - HC-KAR NC: 2026:KHC:24755 CRL.P No. 7067 of 2026 Thus, there are series of statutory violation in the case of the prosecution entitling grant of bail to the petitioner. 4. Learned High Court Government Pleader, though seriously oppose grant of bail, unable to point out compliance of Section 42 of the NDPS Act requiring reduction of the information into writing before proceeding to conduct raid and seizure of the contraband substance, so also with regard to quantity and quality of the contraband substance. 5. Heard. Perused the records. 6. The facts narrated above do not require reiteration. The alleged raid and seizure has taken place on 11.07.2025. The mahazar document indicate the weight of the contraband substance being 59 grams has been allegedly disclosed by the accused themselves. The inventory conducted by respondent - Police indicate quantity of the substance at the time of the inventory at '59 grams' and '8 grams' of which had been sent for testing. The document would also indicate permission of the concerned Magistrate was sought for the purpose of sending the substance for test only on 18.07.2025, which is beyond the period prescribed for sending the substance, which is 72 hours. - 5 - HC-KAR NC: 2026:KHC:24755 CRL.P No. 7067 of 2026 The test report of the sample sent indicate that the article having responded positive for the Methamphetamine and negative for MDMA. 7. The only question is with regard to the commercial quantity of the substance which according to the prosecution is weighing 59 grams, as per the table attached to the Act prescribing quantity of the substance, at Sl.No.159 commercial quantity limit of Methamphetamine substance is shown as '50 grams'. The prosecution is not clear whether the weight of the substance was excluding the plastic cover or including the plastic cover. Therefore, the benefit of the same has to be given to the accused inasmuch as if the substance is found to be less than '50 grams' would fall within the category of 'intermediatory'. 8. In addition to the above, nothing on record to indicate compliance to the mandatory requirement of Section 42 of the NDPS Act. Further there appears to be inordinate delay in seeking permission of the Magistrate and dispatching the substance from testing. - 6 - HC-KAR NC: 2026:KHC:24755 CRL.P No. 7067 of 2026 9. In the aforesaid circumstances this Court deems it appropriate to grant bail. 10. Accordingly, the following : ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.242/2025 of Soladevanahalli Police Station registered for the offences punishable under Sections 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- with two local sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR NC: 2026:KHC:24755 CRL.P No. 7067 of 2026 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (M.G.S. KAMAL) JUDGE HNM List No.: 1 Sl No.: 98