- 1 - HC-KAR CNR: KAHC010456742026 NC: 2026:KHC:39963 CRL.P No. 9806 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9806 OF 2026 BETWEEN: SRI MUJEEB UR REHAMAN @ MUJEEB S/O ASGAR PASHA AGED ABOUT 26 YEARS PRESENTLY R/AT.NO.2595/1 EREKATTE BEEDHI LASHKAR MOHALLA MYSORE - 570 001. …PETITIONER (BY SRI GAURAV SUBRAMANYAM, ADV.) AND: STATE OF KARNATAKA BY METAGALLI P.S MYSURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.53/2026 OF THE RESPONDENT NO.1 METAGALLI POLICE STATION, MYSORE FOR THE OFFENCES P/U/S 22(C), 29 OF NDPS ACT, PENDING ON THE FILE OF THE HONBLE VII ADDL. DISTRICT AND SESSIONS JUDGE COURT AT MYSORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010456742026 NC: 2026:KHC:39963 CRL.P No. 9806 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in Crime No.53/2026 registered by Metagalli Police Station, Mysuru, for the offences punishable under Sections 22(C) and 29 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.53/2026 was registered by Metagalli Police Station, Mysuru, for the aforesaid offences against Latha and others based on the first information dated 24.05.2026 received from Shabbeer Hussain, police officer attached to Metagalli Police Station. In the said case, petitioner was arrested on 25.05.2026. His bail application filed before the Trial Court in Crime No.53/2026 was rejected. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that FIR in the present case was initially registered against four persons. Accused No.2 named in the FIR was arrested on - 3 - HC-KAR CNR: KAHC010456742026 NC: 2026:KHC:39963 CRL.P No. 9806 of 2026 24.05.2026 and based on the confession statement of arrested accused, subsequently accused No.3 was arrested on 25.05.2026. Perusal of the recovery mahazar dated 24.05.2026 prepared between 05.30 p.m. to 09.30 p.m. would go to show that seizure of contraband article allegedly MDMA totally weighing 12.80 grams is from the possession of accused Nos.1 to 4. 5. A reading of the seizure mahazar would go to show that gazetted officer for the purpose of Section 50 of the NDPS Act in the present case, had accompanied the raiding squad and therefore, he cannot be considered as an independent gazetted officer for the purpose of Section 50 of the NDPS Act. The law in this regard has been laid down by the Hon'ble Supreme Court in the case of State of Rajasthan vs. Parmanand and Another - (2014) 5 SCC 345. 6. It is not in dispute that petitioners do not have any criminal antecedents. In the case of Vijaysinh Chandubha Jadeja vs. State of Gujarat - (2011) 1 SCC 609, the Hon'ble Supreme Court has held that conviction of an accused - 4 - HC-KAR CNR: KAHC010456742026 NC: 2026:KHC:39963 CRL.P No. 9806 of 2026 in a case where the seizure mahazar is found to be illegal, gets vitiated. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.53/2026 registered by Metagalli Police Station, Mysuru, for the offences punishable under Sections 22(C) and 29 of the NDPS Act, 1985, subject to the following conditions: a) Petitioner shall execute a 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 5 - HC-KAR CNR: KAHC010456742026 NC: 2026:KHC:39963 CRL.P No. 9806 of 2026 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 KK