- 1 - HC-KAR NC: 2026:KHC:29171 CRL.P No. 5077 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5077 OF 2026 BETWEEN: SYED RIYAZ @ CHAPPER RIYAZ S/O LATE KHASEEM SAB AGED ABOUT 41 YEARS NO.77, 4TH MAIN ROAD NEAR UMER FAROOQ MASJID BYRASANDRA, 1ST BLOCK JAYANAGAR, BANGALORE - 560 041. …PETITIONER (BY SRI M. ABDUL SALAM, ADV.) AND: THE STATE OF KARNATAKA THE STATE REP. BY THE INSPECTOR OF POLICE, KUMARSWAMY LAYOUT POLICE STATION, BANGALORE - 560 078 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SPL CC NO.144 OF 2026 PENDING BEFORE THE HONBLE SESSIONS JUDGE FOR SPL CASE CRIME NO. 242/2025 AND NDPS (CCH 35) AT BANGALORE IN REGISTERED BY KUMARASWAMY LAYOUT POLICE STATION FOR THE OFFENCE UNDER SECTION 20(b)(ii)(C) OF THE NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29171 CRL.P No. 5077 of 2026 ORAL ORDER 1. Accused no.1 in Crime No.242/2025 registered by Kumaraswamy Police Station, Bengaluru City, for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act, 1985, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.242/2025 was registered by Kumaraswamy Police Station, Bengaluru City, for the aforesaid offences against two unknown persons based on the first information received on 14.08.2025 received from Dayananda, Police Officer attached to Kumaraswamy Layout Police Station. During the course of investigation, petitioner herein was arrested on 15.08.2025 and remanded to judicial custody. After completing investigation, charge sheet has been against two petitioners. Petitioner herein is arrayed as accused no.1 in the charge sheet. His bail application filed before the Trial was rejected, and therefore, he is before this Court. - 3 - HC-KAR NC: 2026:KHC:29171 CRL.P No. 5077 of 2026 4. Learned Counsel for the petitioner submits that petitioner has been falsely implicated in the present case by Kumaraswamy Layout Police Station who also had registered a similar case against him Crime No.101/2025. He submits that investigation of the case is already completed, and therefore, petitioner's custody is not required. He submits that the seized contraband article is little more than the intermediate quantity, and therefore, rigor as provided under Section 37(1)(b) of the Act cannot be strictly made applicable to the petitioner. 5. Per contra, learned Addl. SPP who has opposed the petition submits that petitioner is a person with criminal antecedents having three other cases registered for similar offences. She submits that the contraband article seized is of commercial quantity, and therefore, the rigor under Section 37(1)(b) of the Act is applicable to the petitioner, and the petition needs to be rejected. 6. FIR in Crime No.242/2025 was registered by Kumaraswamy Layout Police Station, Bengaluru, against unknown persons for the offence punishable under Section 20(b)(ii)(C) of the Act based on the credible information - 4 - HC-KAR NC: 2026:KHC:29171 CRL.P No. 5077 of 2026 received by the first informant that two persons were making attempts to sell the contraband article to the public in a place within the jurisdiction of Kumaraswamy Police Station. 7. After registration of the FIR, a raid was conducted to the alleged place where the accused persons made attempts to sell contraband article to public and from the said spot, accused nos.1 & 2 were apprehended and from their possession contraband article allegedly ganja totally weighing 23.170 Kgs. was seized under a panchanama. 8. Undisputedly, the seized contraband article is of commercial quantity. Learned Addl. SPP has brought to the notice of this Court that in addition to the present case, the petitioner is involved in three other cases registered before different police stations for the offences punishable under the provisions of the NDPS Act. She has produced material to show that petitioner is also involved in Crime No.101/2025 registered by Kumaraswamy Layout Police Station, Crime No.22/2023 registered by Seshadripuram Police Station, and Crime No.204/2022 registered by Tilaknagar Police Station, for having committed similar offences. Since the petitioner is a person - 5 - HC-KAR NC: 2026:KHC:29171 CRL.P No. 5077 of 2026 with similar criminal antecedents, the twin conditions under Section 37(1)(b) of the Act cannot be ignored and the rigor under Section 37(1)(b) of the Act would be squarely applicable to the case of the petitioner. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail cannot be entertained. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK