- 1 - HC-KAR CNR: KAHC010451772026 NC: 2026:KHC:42903 CRL.P No. 9605 of 2026 C/W CRL.P No. 9602 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9605 OF 2026 C/W CRIMINAL PETITION NO. 9602 OF 2026 IN CRL.P No. 9605/2026: BETWEEN: AMAR KUAMR MEHTO S/O RAMESHWAR MAHATHO AGED ABOUT 29 YEARS R/AT NO.5, JAYANAGAR CHOUK SILK MAIL, GUWAHATI KHANAPARA KAMARPUA METRO ASSAM - 781 001. …PETITIONER (BY SRI NATARAJU T, ADV.) AND: THE STATE OF KARNATAKA BY KALASIPALAYA POLICE STATION BENGALURU, NOW REPRESENTED BY S.P.P. HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.C.NO.151/2026 ARISING OUT OF CRIME NO.155/2025 FOR THE OFFENCE P/US/ 8(c),20(B),22(c) OF NDPS ACT 1985 WHICH IS PENDING BEFORE THE XXXIII ADDL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010451772026 NC: 2026:KHC:42903 CRL.P No. 9605 of 2026 C/W CRL.P No. 9602 of 2026 IN CRL.P NO. 9602/2026: BETWEEN: SUMAN MAZUMDAR S/O. SANTOSH MAZUMDAR AGED ABOUT 30 YEARS R/AT NO. 40, NEAR ZIBONI STORE JAPORIGOGE, DISPUR KAMAROOPA METRO DISTRICT ASSAM. ...PETITIONER (BY SRI DAYANAND HIREMATH, ADV.) AND: STATE OF KARNATAKA BY KALASIPALYA P.S REPRESENTED BY HCGP HIGH COURT BUILDING BENGALURU - 560 001. ...RESPONDENT (BY SRI 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.155/2025 REGISTERED BY THE RESPONDENT KALASIPALYA POLICE STATION BENGALURU IN SPL.C NO.151/2026 FOR THE OFFENCES P/U/S 22(b), 22(c) AND 8(c) OF THE NDPS ACT 1985 PENDING ON THE FILE OF THE HONBLE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPECIAL COURT FOR NDPS CASES AT BENGALURU (CCH-33) THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.2 and 3 in Special Case No.151/2026 pending before the Court of XXXIII Addl. City Civil and Sessions - 3 - HC-KAR CNR: KAHC010451772026 NC: 2026:KHC:42903 CRL.P No. 9605 of 2026 C/W CRL.P No. 9602 of 2026 Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.155/2025 registered by Kalasipalya Police Station, Bengaluru, for the offences punishable under Sections 8C, 20B and 22(C) of the NDPS Act, 1985, are before this Court in these petitions filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.155/2025 was registered by Kalasipalya Police Station, Bengaluru, against Abinob Hajarika (accused No.1) for the offences punishable under Sections 8C and 20B of the NDPS Act, 1985, based on the first information dated 22.07.2025 received from Ravichandra, police officer attached to Kalasipalya Police Station, Bengaluru. Based on the confession statement of accused No.1, who was arrested on 22.07.2025, petitioners herein were arrested on 30.07.2025 and contraband articles allegedly ecstasy pills weighing 28 grams, LSD strips weighting 0.3 grams and MDMA weighing 26 grams, was recovered and seized under a panchanama. After completing investigation, charge sheet is filed against five - 4 - HC-KAR CNR: KAHC010451772026 NC: 2026:KHC:42903 CRL.P No. 9605 of 2026 C/W CRL.P No. 9602 of 2026 persons and petitioners are arraigned as accused Nos.2 and 3 in the charge sheet. Their bail application filed before the Trial Court in Crl.Misc.No.5156/2026 and Crl.Misc.No.5583/2026 were rejected. Therefore, they are before this Court in these two petitions. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petitions submits that petitioners do not have any criminal antecedents. Contraband articles were seized from the residence of the petitioners during night time. No search warrant was obtained by the Investigation Officer and there is no compliance of Section 42 of the NDPS Act. Accordingly, they pray to allow the petitions. 5. Per contra, learned HCGP, who has opposed the petitions, however, does not dispute that Section 42 of the NDPS Act has not been complied insofar as the seizure of contraband article from the petitioners. He submits that seized contraband article is of commercial quantity and therefore, the rigour under section 37(1)(b) of the NDPS Act, would be applicable. Accordingly, he prays to dismiss the petitions. - 5 - HC-KAR CNR: KAHC010451772026 NC: 2026:KHC:42903 CRL.P No. 9605 of 2026 C/W CRL.P No. 9602 of 2026 6. Perusal of the material on record would go to show that based on credible information received, accused No.1 was apprehended on 22.07.2025 and from his possession, contraband article allegedly ganja weighing 920 grams and charas weighing 30 grams was recovered and seized under a panchanama dated 22.07.2025. Based on the confession statement of accused No.1, petitioners herein were arrested on 30.07.2025 and they had allegedly confessed that they were in possession of contraband articles in their house. Accordingly, a search was conducted in the house of the petitioners at about 08.50 p.m. on 30.07.2025 and the aforesaid contraband articles were recovered and seized under a panchanama dated 30.07.2025. 7. Undisputedly, search was conducted in the house of the petitioners on 30.07.2025 after sunset. Therefore, without warrant or authorization, they could not have entered the house of the petitioners or carry on the search and seizure in the house of the petitioners. If for any reason, the investigation officer was not in a position to obtain the warrant or - 6 - HC-KAR CNR: KAHC010451772026 NC: 2026:KHC:42903 CRL.P No. 9605 of 2026 C/W CRL.P No. 9602 of 2026 authorization, he should have at least recorded the grounds of reason for the same. Undisputedly, even the same has not been done in the present case and therefore, there is total non- compliance of the requirements of Section 42 of the NDPS Act in the present case. Under the circumstances, the rigour under Section 37(1)(b) of the NDPS Act, cannot be made applicable to the case of the petitioners, who have no other criminal antecedents. Accused Nos.1, 4 and 5 have been already enlarged on bail in the present case by the Trial Court. Under the circumstances, the following order:- 8. The petitions are allowed. The petitioners are directed to be enlarged on bail in Special Case No.151/2026 pending before the Court of XXXIII Addl. City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.155/2025 registered by Kalasipalya Police Station, Bengaluru, for the offences punishable under Sections 8C, 20B and 22(C) of the NDPS Act, 1985, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the - 7 - HC-KAR CNR: KAHC010451772026 NC: 2026:KHC:42903 CRL.P No. 9605 of 2026 C/W CRL.P No. 9602 of 2026 likesum, out of which one shall be a local surety, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 71