- 1 - HC-KAR CNR: KAHC010385512026 NC: 2026:KHC:38695 CRL.P No. 8143 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8143 OF 2026 BETWEEN: SRI. ABDUL SATTAR M @ ABDUL SATTHAR S/O USMAN, AGED ABOUT 31 YEARS, R/AT OPP. MANKARA THODI HOUSE, PADIKAL PARAMBU, NELLIKUTH POST, MANJERI, MALLAPURAM DISTRICT KERALA STATE - 676 505. …PETITIONER (BY SRI. KUMARA K.G, ADVOCATE) AND: STATE OF KARNATAKA BY ALANAHALLI POLICE STATION, MYSURU - 570 028 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BULILDING BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE ON BAIL IN SPL.C.NO.17/2026 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010385512026 NC: 2026:KHC:38695 CRL.P No. 8143 of 2026 (CR.NO.93/2025 REGISTERED BY THE RESPONDENT ALANAHALLI POLICE STATION) FOR THE OFFENCES P/U/S 22(c) OF NDPS ACT, 1985, PENDING ON THE FILE OF THE HONBLE VII ADDL. SESSIONS JUDGE, MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Spl.C.No.17/2026 pending before the court of VII Additional District and Sessions Judge, Mysuru, arising out of Crime No.93/2025 registered by Alanahalli Police Station, Mysuru, for offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as, 'NDPS Act') is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard learned counsel appearing for the parties. 3. FIR in Crime No.93/2025 was registered by Alanahalli Police Station, Mysuru, for the aforesaid offences against the petitioner and another, based on the first information dated - 3 - HC-KAR CNR: KAHC010385512026 NC: 2026:KHC:38695 CRL.P No. 8143 of 2026 13.08.2025 received from Shabbier Husain, Police Officer attached to Alanahalli Police Station, Mysuru. In the said case, the petitioner was arrested on 13.08.2025 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against two persons and the petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Spl.C.No.17/2026 was rejected on 21.02.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner, who has no criminal antecedents is in custody for the last nearly one year. Investigation of the case is completed. Section 50 of the NDPS Act has not been complied in the present case. Accordingly, prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, submits that there is compliance of Section 50 of the NDPS Act in the present case. The seized contraband article is of commercial quantity. Accordingly, prays to dismiss the petition. - 4 - HC-KAR CNR: KAHC010385512026 NC: 2026:KHC:38695 CRL.P No. 8143 of 2026 6. Material on record would go to show that based on credible information received on 13.08.2025, the police had apprehended accused No.1 and from his possession, contraband article, allegedly MDMA totally weighing 55.30 grams, was recovered and seized under a panchnama. In the FSL report, it is now found that the seized contraband article has tested positive to a drug known as 'methamphetamine' and negative to MDMA. A reading of the seizure mahazar dated 13.08.2025 would go to show that from the person of the petitioner, the gazetted officer has recovered his mobile phone. Since, there is recovery of articles from the person of the petitioner during the course of investigation, compliance of Section 50 of the NDPS Act becomes necessary. 7. A reading of the notice issued by the gazetted officer to the petitioner would go to show that the same is not in compliance with requirements Section 50 of the Act. In the said notice there is no mention of informing petitioner's right under law to be searched either before the nearest gazetted officer or Magistrate. In the case of Vijaysinh Chandubha Jadeja v. State of Gujarat reported in 2011 (1) SCC 609, the law in - 5 - HC-KAR CNR: KAHC010385512026 NC: 2026:KHC:38695 CRL.P No. 8143 of 2026 this regard has been laid down by the Hon'ble Supreme Court. It is trite that non-compliance of Section 50 of the NDPS Act vitiates conviction if the same is recorded only on the basis of the recovery of the contraband article. Undisputedly, the petitioner has no other criminal antecedents. Under the circumstances, the following: ORDER (i) The criminal petition is allowed. (ii) The petitioner/accused No.1 is ordered to be enlarged on bail in Spl.C.No.17/2026 pending before the court of VII Additional District and Sessions Judge, Mysuru arising out of Crime No.93/2025 registered by Alanahalli Police Station, Mysuru for offence punishable under Section 22(C) of the NDPS Act, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 6 - HC-KAR CNR: KAHC010385512026 NC: 2026:KHC:38695 CRL.P No. 8143 of 2026 unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE HDK List No.: 1 Sl No.: 78