- 1 - HC-KAR NC: 2026:KHC:35681 CRL.P No. 8225 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8225 OF 2026 BETWEEN: 1. LADURAM S/O LATE GORDHAN RAM AGED ABOUT 43 YEARS R/AT HOUSE NO.1949 3RD FLOOR SRI SHREYAS HOUSE 16TH B CROSS NEAR HAPPY BIG BAJAR KUDLU GATE BENGALURU - 560 100, PERMNENT R/OF KHILERIYA KI DHANI KAGNADA VILLAGE TEHSIL SUBDASNAD DISTRICT JODHPUR RAJASTHAN INDIA PIN 342001. …PETITIONER (BY SRI JAY KISHAN SHARMA, ADV.) AND: 1. THE STATE OF KARNATAKA BY CENTRAL CRIME BRANCH ANTI NAROTICS WING, BANGALORE - 560 027 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND GRANT REGULAR BAIL TO THE PETITIONER IN CR.NO.82/2025, NOW CHARGE SHEETED IN SPL.C.NO.202/2026 REGISTERED BY THE RESPONDENT ANTI NARCOTICS WING, CCH, BANGALORE, FOR OFFENCES P/U/S 8(c), 18(B), AND 22(c) OF THE NDPS ACT, 1985, PENDING ON THE FILE OF THE HONBLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT BANGALORE (CCH:33). Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35681 CRL.P No. 8225 of 2026 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 no.1 in Crime No.82 of 2025 registered by CCB Bengaluru City Police, Bengaluru City for the offence punishable under Sections 8(C), 18(B), 22(A), 22(B) & 22(C) of the NDPS Act, 1985 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. FIR in Crime No.82 of 2025 was registered by CCB Bengaluru City Police, Bengaluru City for the aforesaid offences against the petitioner herein based on first information dated 04.10.2025 received from Sri Rakshith A K, Police officer attached to CCB Police, Bengaluru. In the said case, the petitioner was arrested on 04.10.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.4137 of 2026 was rejected on 06.06.2026. Therefore, he is before this Court. - 3 - HC-KAR NC: 2026:KHC:35681 CRL.P No. 8225 of 2026 3. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that, the seized contraband article is not from the personal possession of the petitioner but was from the house in which the petitioner was residing along with accused nos.2 and 3. The petitioner was not in conscious possession of the contraband article. Therefore, the rigor under Section 37(1)(b) of the NDPS Act cannot be made applicable to the petitioner. In support of his arguments, he has placed reliance on the judgment of the Hon'ble Supreme Court in the case of BOTHILAL V. THE INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU in 2023 INSC 432. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP, who has opposed the petition submits that commercial quantity of contraband article has been seized from the possession of the petitioner in the present case. Petitioner hails from Rajasthan State and accused nos.2 and 3, who are the friends of the petitioner are persons having criminal antecedents and they are absconding. Accordingly, he prays to dismiss the petition. - 4 - HC-KAR NC: 2026:KHC:35681 CRL.P No. 8225 of 2026 5. A reading of the first information dated 04.10.2025 would go to show that, based on credible information that petitioner who hails from Rajasthan was in possession of contraband article and he was selling the same to the public, FIR in Crime No.82/2025 was registered against the petitioner for the aforesaid offences and in the raid that was conducted to the house of the petitioner on 04.10.2025 contraband article allegedly MDMA crystals weighing 1 kg 399 grams, Opium oil weighing 2 Kg 30 grams along with other articles and a motorbike of the petitioner was recovered and seized under a panchanama. Subsequently, the seized contraband articles were produced before the jurisdictional Court of Magistrate and the samples of the contraband articles which were drawn before the jurisdictional Magistrate were forwarded to the Forensic Science Laboratory for the purpose of chemical examination. The test report now received would go to show that, the seized contraband article allegedly MDMA crystal has responded positive for a drug known as 'Mephedrone'. Under the relevant notification issued under the provisions of the NDPS Act, the quantity weighing about 50 grams of 'Mephedrone' is considered as commercial quantity. - 5 - HC-KAR NC: 2026:KHC:35681 CRL.P No. 8225 of 2026 6. In the present case, the contraband article which has now tested positive for a drug known as 'Mephedrone' is totally weighing 1 kg 399 grams. Insofar as the contraband article allegedly, opium oil is concerned the same has tested positive for opium alkaloids which are considered as narcotic analgesic drugs. The quantity weighing above 2.5 KG of opium oil is considered as commercial quantity. Under the circumstances, the seized contraband article opium oil in the present case is of intermediate quantity. The contraband articles have been seized from the house in which petitioner was residing along with the other accused persons who are now absconding. 7. Learned counsel for the petitioner has not pointed out non compliance of the mandatory provisions of law in the present case. On the other hand, it is his submission that since the contraband article is not seized from the person of the petitioner, it cannot be said that he was in conscious possession of the same. 8. Perusal of the material on record would go to show that, after the police had raided the house in which the - 6 - HC-KAR NC: 2026:KHC:35681 CRL.P No. 8225 of 2026 petitioner was residing, he had taken out the contraband article from a cupboard in the house in which he was residing and produced the same before the police. Therefore, it cannot be said that petitioner was not in conscious possession of the contraband articles. Accused nos.2 and 3 are said to be persons with criminal antecedents and they are now absconding. Petitioner and the other accused persons all hail from Rajasthan State. 9. The judgment on which reliance has been placed by the learned counsel for the petitioner in support of his arguments has been rendered in a criminal appeal as against the judgment and order of conviction and having regard to the facts and circumstances of the said case, it has been held that the accused therein cannot be said to be in conscious possession of the contraband article. The said judgment cannot be made applicable to the facts of the present case. Since, contraband article 'Mephedrone' seized in the present case is of commercial quantity and accused Nos.2 and 3 are persons with criminal antecedents, who are absconding, I am of the opinion - 7 - HC-KAR NC: 2026:KHC:35681 CRL.P No. 8225 of 2026 that the prayer made by the petitioner for grant of regular bail needs to be rejected. 10. Accordingly, the criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 83