- 1 - HC-KAR NC: 2026:KHC:25747 CRL.P No. 3623 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3623 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI. SHAHID A M, S/O AHAMMED KUTTY ARIPPATTA MANNIL, AGED ABOUT 27 YEARS, R/OF: C-21, EMERALD ENCLAVE, HEBBAL INDUSTRIAL ESTATE, VTC, INFOSYS CAMPUS, SUB DISTRICT, MYSORE, KARNATAKA- 570 027. P/R AT SHANTHIMAHAL THRIKKALAYOUR, KIZHUPORAMBA, ARAKODE, MALAPPURAM, KERALA - 673 639. …PETITIONER (BY SMT. BINU M., ADVOCATE) Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:25747 CRL.P No. 3623 of 2026 AND: UNION OF INDIA NARCOTICS CONTROL BUREAU BANGALORE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. SHRIDEVI BHOSALE MARUTI, ASG) ---- THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.C.NO.2297/2025, ARISING OUT OF NCB.F.NO. 48/1/18/2025/BZU, PENDING BEFORE THE LEARNED XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE (NDPS), BENGALURU, CCH-33, AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 8(c) R/W 20(b)(ii)(c), 23(c), 28 AND 29 OF THE NDPS ACT, 1985 AND ETC., THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED ON 28.04.2026, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, THE COURT MADE THE FOLLOWING:- CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:25747 CRL.P No. 3623 of 2026 CAV ORDER 1. The petitioner / accused No.5 is before this Court seeking regular bail in Spl.C.C.No.2297/2025 pending before the learned XXXIII Addl. City Civil and Sessions Judge & Spl. Judge (NDPS), Bengaluru (CCH-33), arising out of NCB Crime No.NCB.F.No.48/1/18/2025/BZU registered by the respondent - Narcotics Control Bureau (for short, ‘NCB’) for the offences punishable under Section 8(c) r/w Sections 20(b)(ii)(c), 23(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’). Brief facts of the case: 2. The case of the prosecution is that, on 02.05.2025, the complainant had received information that three persons traveling from Bangkok (Thailand) to Bengaluru by Thai Airways, were suspected to be carrying ganja in their luggage, which was to be delivered to accused Nos.3 and 4. The said information was reduced into writing in NCB Form No.1 and reached the Terminal-2 Arrival at KIA Airport, Bengaluru, along with NCB officials and also two - 4 - HC-KAR NC: 2026:KHC:25747 CRL.P No. 3623 of 2026 independent witnesses. The NCB Team intercepted all five persons and enquired the said persons and also checked their luggage. From the baggage of A1 and A2, 16 Kgs., of ganja was recovered. From the baggage of A5, 4.5 Kgs., of ganja was seized. In total, 20.5 Kgs. of ganja was seized and panchanama was prepared before two independent witnesses on 03.05.2025. The investigation is under progress. 3. Heard Smt. Binu M., learned counsel for the petitioner and Smt. Shridevi Bhosale Maruti, learned Central Government Standing Counsel for respondent. 4. The submission of learned counsel for the petitioner is that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. 5. It is further submitted that, as per the seizure panchanama, NCB has seized ganja weighing 4.5 kgs., which is considered as an intermediate quantity. The process of conducting search, as stipulated under the NDPS Act, was not followed. Under such circumstances, it - 5 - HC-KAR NC: 2026:KHC:25747 CRL.P No. 3623 of 2026 is not appropriate to allow the petitioner to languish in judicial custody. Therefore, he may be enlarged on bail by imposing suitable conditions. He will abide by the conditions to be imposed in the event of his release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned Central Government Standing Counsel / Spl. Counsel for respondent - NCB vehemently submitted that the petitioner was carrying contraband. In total, 20.5 Kgs., of ganja was seized from the accused. Since all the accused are co-related, the seized ganja can be considered as a commercial quantity. Moreover, the petitioner and others are involved in international smuggling of contraband. Therefore, it may not be appropriate to grant him bail. Making such submissions, the learned Spl. Counsel for the respondent - NCB prays to reject the petition. 7. Heard the learned counsels for the respective parties and perused the averments of the complaint which would indicate that the petitioner was traveling from Bangkok - 6 - HC-KAR NC: 2026:KHC:25747 CRL.P No. 3623 of 2026 (Thailand) to Bengaluru. It is alleged that, three persons were carrying 20.5 Kgs. of Hydroponic weed (ganja). No doubt, it is considered a commercial quantity. However, only 4.5 Kgs., of ganja is alleged to have been carried by the petitioner and it is his first offence and he is not a habitual offender. The seized ganja can be considered as intermediate quantity. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions that would take care of the apprehension of prosecution. 8. Hence, I proceed to pass the following:- ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Spl.C.C.No.2297/2025 pending before the learned XXXIII Addl. City Civil and Sessions Judge & Spl. Judge (NDPS), Bengaluru (CCH-33), arising out of NCB Crime No.NCB.F.No.48/1/18/2025/BZU registered by the respondent - NCB for the offences stated supra, on executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with - 7 - HC-KAR NC: 2026:KHC:25747 CRL.P No. 3623 of 2026 one local surety for the likesum to the satisfaction of the Trial Court. iii) The petitioner shall surrender his passport before the Trial Court until disposal of the case. iv) Upon surrendering the passport, the Trial Court shall keep it in safe custody until disposal of the case. v) The petitioner shall appear before the Trial Court on all hearing dates without fail. vi) The petitioner shall not commit / indulge in any other criminal offences till disposal of the case. In case 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 BSS