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2026 DAILYLAW 24171 (KAR)

AHAMMED ALI ARSHAN v. THE STATE BY

CRL.P/6692/2026 · 2026-06-23

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31278 CRL.P No. 6692 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6692 OF 2026 BETWEEN: 1. AHAMMED ALI ARSHAN S/O MOHAMMAD HANNEF AGED ABOUT 22 YEARS R/AT H.NO.7-107, SHEKABBA BEARY COMPOUND, NEAR SYNDICATE BANK KOTESHWAR, UDUPI - 576 222. 2. FELIX P JOSEPH S/O JOSEPH C.M AGED ABOUT 20 YEARS R/AT PALANTHIKAL HOUSE KURUVILANGAD CITY KOTTAYAM DISTRICT KERALA STATE - 686 562. (NOW IN JUDICIAL CUSTODY) …PETITIONERS (BY SMT. POOJA KATTIMANI, ADV., FOR SRI DINESHKUMAR RAO K, ADV.) AND: THE STATE BY MANGALORE SOUTH POLICE STATION MANGALURU - 575 0001. (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001) . .,ADVOCATE…RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE PETITIONER ON BAIL IN CRIME. NO.56/2026 OF MANGALORE SOUTH POLICE STATION, D.K. MANGALURU PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31278 CRL.P No. 6692 of 2026 COURT, D.K. MANGALORE (REGISTERED OFFENCES UNDER SECTIONS 8(c), 20 (b)(ii)A, 22(C), OF N.D.P.S. ACT 1985) THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.3 and 4 in Crime No.56/2026 registered by Mangaluru South Police Station, Mangaluru City for the offences punishable under Sections 8(c), 20(b)(ii)A, 22(C) of NDPS Act, 1985 are 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.56/2026 was registered by Mangaluru South Police Station, Mangaluru City, Dakshina Kannada District, for the aforesaid offences against four unknown persons. In the said case, petitioners herein were arrested on 05.03.2026 and remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.56/2026 was rejected on 08.04.2026. Therefore, they are before this court. - 3 - HC-KAR NC: 2026:KHC:31278 CRL.P No. 6692 of 2026 4. Learned Counsel appearing for the petitioners submits that petitioners are persons without any criminal antecedents and there is no seizure of any contraband article from the personal possession of the petitioners. Petitioners had gone to meet accused nos.1 and 2, who were staying in a lodge and at that time a raid was conducted and petitioners were also apprehended. They have cooperated with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, leaned Addl. State Public Prosecutor who has opposed the petition submits that seizure of the contraband article is from the room in which accused nos.1 to 3 were found. Therefore, at this stage it cannot be said that there is no seizure from the petitioners as they were in conscious possession of seized contraband article. Investigation of the case is under progress. Seized contraband article is of commercial quantity. Accordingly, she prays to dismiss the petition. 6. FIR in the present case is filed against four unknown persons for the aforesaid offences based on the - 4 - HC-KAR NC: 2026:KHC:31278 CRL.P No. 6692 of 2026 credible information received that four unknown persons who were arrived in a car bearing registration No.KA-19-MR-9888 had purchased contraband article and are staying in room at classic comfort lodge within the jurisdiction of Mangaluru South Police Station, Mangaluru City. In the raid that was conducted subsequently to the room No.103, classic comfort lodge, Badriya Road, Mangaluru within the jurisdiction of Mangaluru South Police Station, Mangaluru City, accused nos.1 to 4 who were in said room were apprehended and 17.65 grams of contraband article allegedly MDMA, kept in the wooden table drawer of the room was recovered at the instance of accused no.1 and accused no.2 who also produced plastic zip lock cover containing 103.20 grams of hydro weed which was kept in cupboard. Thereafter, at the instance of accused no.1 contraband article allegedly MDMA weighing 36.23 grams was recovered from the car in which accused nos.1 to 4 had arrived near lodge. Therefore, total contraband article seized in the present case are as follows:- (i) Contraband article allegedly MDMA totally weighing 53.87 grams - 5 - HC-KAR NC: 2026:KHC:31278 CRL.P No. 6692 of 2026 (ii) Contraband article allegedly Hydro weed totally weighing 103.20 grams. 7. The aforesaid contraband article is of commercial quantity. Investigation of the case is still under progress. 8. As pointed out of the learned Addl. SPP at this stage, it cannot be said that the petitioners who were along with accused nos.1 and 2 had no knowledge about contraband article, which were recovered in the present case from the room in which accused nos.1 to 4 were found and from the car in which accused nos.1 to 4 had traveled. 9. In view of the above, I am of the opinion that, the prayer made by the petitioners for grant of regular bail at this stage, cannot be entertained. 10. Accordingly, the criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 72