- 1 - HC-KAR NC: 2026:KHC:33582 CRL.P No. 7020 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7020 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: SRI AFZAL SHARIFF S/O ANWAR SHARIFF AGED ABOUT 42 YEARS R/O. NO.41, 5TH CROSS VIDYA NAGAR, THANISANDRA BENGALURU-560 045. …PETITIONER (BY SRI. KULKARNI SHRINATH., ADVOCATE) AND: STATE OF KARNTAKA BY KAMAKSHIPALYA POLICE STATION REP. BY HCGP HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV., ASPP.) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPECIAL CASE NO.284/2026 ALLEGING OFFENCES P/U/S 8(C) AND 22(C) OF THE NDPS ACT. PENDING ON THE FILE OF THE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) BENGALURU (CCH-33). 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 DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33582 CRL.P No. 7020 of 2026 ORAL ORDER 1. Accused in Spl.C.C.No.284/2026 pending before the Court of XXXIII Addl. City Civil & Sessions Judge & Spl. Judge (NDPS), Bengaluru (CCH-33), arising out of Crime No.554/2025 registered by Kamakshipalya Police Station, Bengaluru City, for offences punishable under Sections 8(c) read with 22(c) of NDPS Act, 1985, is before this Court in this successive bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned Addl. SPP appearing for the respondent-State. 3. FIR in Crime No.554/2025 was registered by Kamakshipalya Police Station for the aforesaid offences against unknown persons based on the first information dated 20.11.2025, received from Raghunath.V.R., PSI, attached to Kamakshipalya Police Station. In the raid that was conducted at the alleged spot, where the accused was attempting to sell contraband, petitioner was apprehended - 3 - HC-KAR NC: 2026:KHC:33582 CRL.P No. 7020 of 2026 and from his possession, contraband article, allegedly MDMA weighing 270 grams was seized under a recovery mahazar. Subsequently, the petitioner was arrested on 20.11.2025 and remanded to judicial custody. After completing investigation of the case, charge sheet has been filed against the petitioner for the aforesaid offences. Petitioner’s earlier bail application filed before this Court in Crl.P.No.339/2026 was rejected on 12.02.2026. Thereafter, petitioner had filed fresh application before the Trial Court in Spl.C.C.No.284/2026, which was rejected on 08.04.2026. Therefore, he is before this Court. 4. Learned counsel appearing for the petitioner submits that Section 105 of the BNSS, 2023 has not been complied in the present case and the recovery has not been videographed. He submits that there is a delay in compliance of Section 52A of NDPS Act and the chances of the police tampering with the seized contraband articles, cannot be ruled out. Investigation of the case is now - 4 - HC-KAR NC: 2026:KHC:33582 CRL.P No. 7020 of 2026 completed and petitioner's custody is no more required. Accordingly, he prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor, who has opposed the petition submits that petitioner's earlier bail application filed before this Court in Criminal Petition No.339/2026 was rejected on merits by the co-ordinate Bench of this Court on 12.02.2026. The contention of the petitioner that Section 105 of BNSS, 2023 was not complied, has been considered by this Court in the said petition and rejected. Petitioner is found in possession of 270 grams of contraband article, allegedly methamphetamine, which is of commercial quantity. Petitioner is a person with criminal antecedent and he was earlier involved in similar offence and case was registered by the Hennur Police Station in Crime No.391/2024, wherein commercial quantity of contraband article was seized. Accordingly, she prays to dismiss the petition. 6. The material on record would go to show that based on credible information received, the Police have - 5 - HC-KAR NC: 2026:KHC:33582 CRL.P No. 7020 of 2026 registered FIR and thereafter, the petitioner was apprehended and from his possession, contraband article, allegedly MDMA totally weighing 270 grams was seized. The FSL report now received would go to show that the seized contraband article is found to be a drug known as ‘methamphetamine’. Said drug weighing above 50 grams is considered as a commercial quantity under the relevant notification issued under the provisions of NDPS Act. In the present case, seized contraband article, allegedly methamphetamine, totally weighs 270 grams and therefore, it is of commercial quantity. 7. Petitioner’s earlier bail application in Criminal Petition No.339/2026, which was filed at the crime stage, was dismissed by the co-ordinate Bench of this Court on 12.02.2026. The contention of the petitioner that Section 105 of BNSS was not complied has been considered in the said case and has been rejected. 8. The learned counsel for the petitioner in addition to the said contention has also urged that there is delay in - 6 - HC-KAR NC: 2026:KHC:33582 CRL.P No. 7020 of 2026 compliance of Section 52A of the NDPS Act. The Hon’ble Supreme Court in the case of Narcotics Central Bureau v. Kashif reported in (2024) 11 SCC 372 has observed that mere non-compliance or belated compliance of Section 52A of the NDPS Act, cannot be a sole ground for granting bail to the accused. 9. In the present case, it is found that the petitioner is a person with criminal antecedents and in the earlier case registered against him also, the seized contraband article is of commercial quantity. The Hon’ble Supreme Court in the case of Virupakshappa Gouda and another v. State of Karnataka and another reported in (2017) 5 SCC 406, has observed that mere filing of the charge sheet cannot be considered as a change in circumstances. 10. Considering the aforesaid aspects of the matter and also having regard to the rigour under Section 37(1)(b) of NDPS Act, I am of the opinion that the prayer of the petitioner for grant of regular bail, needs to be answered negatively. - 7 - HC-KAR NC: 2026:KHC:33582 CRL.P No. 7020 of 2026 11. Accordingly, criminal petition is dismissed. 12. It is needless to say that the Trial Court shall make endeavour to dispose of the case on merits as expeditiously as possible. Sd/- (S VISHWAJITH SHETTY) JUDGE DM LIST NO.: 1 SL NO.: 81