- 1 - HC-KAR CNR: KAHC010329562026 NC: 2026:KHC:37993 CRL.P No. 6859 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6859 OF 2026 BETWEEN: MR. RAGHAVENDRA. R S/O RAJAGOPAL, AGED ABOUT 30 YEARS, RESIDING AT NO. 781, SMV LAYOUT, 5TH BLOCK, JNANABHARATI NAGAR, BENGALURU CITY, KARNATAKA - 560 017. …PETITIONER (BY SRI. SATYANARAYAN CHALKE, ADVOCATE) AND: STATE OF KARNATAKA BY THALAGHATTAPURA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.CASE NO.477/2026 PENDING BEFORE THE LEARNED VIII ADDL.DISTRICT AND SESSIONS JUDGE AND SPL.JUDGE (NDPS) BENGALURU RURAL IN CR.NO.33/2026 OF Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010329562026 NC: 2026:KHC:37993 CRL.P No. 6859 of 2026 THALAGHATTAPURA P.S. FOR THE OFFENCE P/U/S 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 ORAL ORDER Accused No.2 in Special Case No.477/2026 pending before the Court of VIII Additional District and Sessions Judge and Special Judge (NDPS), Bengaluru Rular District, arising out of Crime No.33/2026 registered by Thalaghattapura 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.33/2026 was registered by Thalaghattapura Police Station, Bengaluru City, initially for the offence punishable under Section 20(b) of the NDPS - 3 - HC-KAR CNR: KAHC010329562026 NC: 2026:KHC:37993 CRL.P No. 6859 of 2026 Act, against one unknown person, based on the first information dated 23.01.2026 received from Gajanana Mali-Police Officer attached to Thalaghattapura Police Station. During the course of investigation of the said case, the petitioner was arrested on 23.01.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons and petitioner is arrayed as accused No.2 in the charge sheet. His bail application filed before the Trial Court in Special Case No.477/2026 was rejected on 17.04.2026. 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 more than 6 months. Though, there are two separate recoveries of contraband articles from accused Nos.1 and 2 from two different places, a common recovery mahazar is prepared, which is bad in law. He submits that the entire case of the prosecution depends on the recovery mahazar and if the same is vitiated, the - 4 - HC-KAR CNR: KAHC010329562026 NC: 2026:KHC:37993 CRL.P No. 6859 of 2026 benefit of the same should be available to the accused. In support of his arguments, he has placed reliance on the judgment of the Hon'ble Supreme Court in the case of KHET SINGH v. UNION OF INDIA reported in (2002) 2 SCR 598 and also in the case of HAIDER ANSARI Versus STATE reported in 2018 5 ADJ (NOC) 1, decided on 22 February, 2018. 5. Per contra, learned Additional State Public Prosecutor, who has opposed the petition, submits that the seized contraband articles from the possession of the petitioner is of commercial quantity. Therefore, in view of Section 37(1)(b) of the NDPS Act, his prayer for bail needs to be rejected. She submits that there is compliance with all the mandatory provisions of law in the present case. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered against unknown person based on credible information received by the first informant on 23.01.2026 to the effect that on - 5 - HC-KAR CNR: KAHC010329562026 NC: 2026:KHC:37993 CRL.P No. 6859 of 2026 every Friday between 09.30 p.m., to 11.30 p.m., one person aged between 25 to 30 years was selling contraband article to the public near Bannari stones, Kariyappanapalya, Banashankari 6th stage, Bengaluru. Based on such information, FIR was registered against the unknown persons and in the raid that was conducted subsequently to the aforesaid spot, accused No.1 was apprehended and from his possession, contraband article allegedly ganja totally weighing 2 kg 440 grams was recovered. Based on the information given by accused No.1 after he was apprehended, the police proceeded further to Hemmigepura, Nice road, Banashankari 6th stage and apprehended accused No.2 and from his possession contraband article allegedly ganja totally weighing 76 kgs was recovered. 7. Material on record would go to show that seizure of contraband articles from the possession of accused Nos.1 and 2 is from two different places. According to the learned counsel for the petitioner, the - 6 - HC-KAR CNR: KAHC010329562026 NC: 2026:KHC:37993 CRL.P No. 6859 of 2026 second seizure is from a place, which is at a distance of nearly 4.5 km., from the first place where seizure of contraband article was made from the possession of accused No.1. 8. Material on record would go to show that it took about 15 minutes for the police to reach from the first place to the second place. Material on record would also go to show that the police had travelled in their official vehicle. According to the learned counsel for the petitioner, the place from which seizure of contraband article was made from accused No.1 is situated within the limits of Banashankari Police Station, whereas the second place of recovery is within the jurisdiction of Thalaghattapura Police Station. 9. It is not in dispute that the police have prepared a common recovery mahazar in respect of the recovery of contraband articles from the possession of accused Nos.1 and 2, which is at two different places. - 7 - HC-KAR CNR: KAHC010329562026 NC: 2026:KHC:37993 CRL.P No. 6859 of 2026 10. The Hon'ble Supreme Court in the case of KHET SINGH (supra) in paragraph No.10 has observed as follows: " In the present case, though the article was seized from the accused while he was travelling in a truck, no seizure mahazar was prepared at that time. The accused persons were taken to the office of customs and the seizure mahazar was prepared at the office of customs. The learned Single Judge of the High Court held that no prejudice was caused to the appellant. The learned Counsel for the appellant contended that NDPS Act being a special Statute with provision for severe punishment on the accused found guilty of the offences punishable thereunder, the procedure established by law for search and seizure is to be strictly complied with and any failure to comply with such procedure is to be viewed seriously and any evidence collected shall be made inadmissible under law. " 11. Following the said judgment, the High Court of Allahabad, in the case of HAIDER ANSARI (supra), in paragraph Nos.15 and 16 has observed as follows: - 8 - HC-KAR CNR: KAHC010329562026 NC: 2026:KHC:37993 CRL.P No. 6859 of 2026 “15. The position of law described above makes it abundantly clear that normally when the contraband article is seized during investigation or search, a seizure mahazar should be prepared at the spot in accordance with law unless there is no facility for weighing articles or other requisite facilities are lacking. In such situation, the officer can prepare the seizure mahazar at a later stage as and when the facilities are available, provided there are justifiable and reasonable grounds to do so. 16. It is clear that in the case at hand nothing has been brought on record in the recovery memo or in the statement of prosecution witnesses that there was no facility available of weighing the contraband substance recovered from the accused. Therefore, in what circumstances it was assumed that each cake of charas recovered, weighed to be 500 grams. Also, there is no evidence on record that the sample taken out of it was also weighing, which would make it doubtful as to whether the alleged quantity of 60 grams charas was taken out by way of sample to be sent to the Forensic Science Lab. In the report of Forensic Science Lab the weight of this sample is recorded as 50 gram only. Thus it is evident that no proper - 9 - HC-KAR CNR: KAHC010329562026 NC: 2026:KHC:37993 CRL.P No. 6859 of 2026 steps were taken for establishing the recovery of the above quantity of contraband charas from the accused.” 12. In the case on hand, no reason has been assigned by the police for preparing a common recovery mahzar, though the seizures are from two different places. Material on record would go to show that the police had all the weighing equipments and requisite facilities with them and it is not their case that for want of the same, they could not prepare the recovery mahazar at the spot of the recovery of the first instance. In cases relating to offences punishable under the NDPS Act, if the recovery mahazar is found to be illegal or defective, the same is fatal to the case of the prosecution. In such circumstances the rigour under Section 37(1)(b) cannot be made applicable. It is not in dispute that the petitioner has no other criminal antecedents. The trial in the case is yet to commence. 13. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular - 10 - HC-KAR CNR: KAHC010329562026 NC: 2026:KHC:37993 CRL.P No. 6859 of 2026 bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.477/2026 pending before the Court of VIII Additional District and Sessions Judge and Special Judge (NDPS), Bengaluru Rular District, arising out of Crime No.33/2026 registered by Thalaghattapura Police Station, Bengaluru City for the offence punishable under Section 20(b)(ii)(c) of the NDPS Act, 1985, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 unless the Trial Court exempts his appearance for valid reasons; - 11 - HC-KAR CNR: KAHC010329562026 NC: 2026:KHC:37993 CRL.P No. 6859 of 2026 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 off. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 47