- 1 - HC-KAR CNR: KAHC010487092026 NC: 2026:KHC:42682 CRL.P No. 10551 of 2026 C/W CRL.P No. 10481 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10551 OF 2026 C/W CRIMINAL PETITION NO. 10481 OF 2026 IN CRL.P No. 10551/2026: BETWEEN: SRI TOUFIQ BASHA S/O BABU ANWAR AGED ABOUT 25 YEARS R/A NO.66/1, NEAR MADEEN MASJID MADDURAMMA COLONY TAVAREKERE BTM LAYOUT BENGALURU - 560 029 (ACCUSED NO.2 IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI VIVEK S REDDY, SR. ADV., FOR SRI SUBBA REDDY K.N, ADV.) AND: THE STATE OF KARNATAKA YESHWANTHAPURA POLICE STATION BENGALURU CITY, REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL FOR THE CASE REGISTERED BY THE RESPONDENT POLICE FOR ALLEGED OFFENCE P/U/S 22(c),20(b) AND 22(b) OF NDPS ACT AND REGISTERED BY THE RESPONDENT POLICE INC R.NO.194/2026 ON THE BASIS OF THE COMPLAINT DATED 05.06.2026 PENDING ON THE FILE OF THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010487092026 NC: 2026:KHC:42682 CRL.P No. 10551 of 2026 C/W CRL.P No. 10481 of 2026 LEARNED XXXIV ADDL.DIST. CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS) BENGALURU CCH-33. IN CRL.P NO. 10481/2026: BETWEEN: SRI ASIF A.K AGED ABOUT 29 YEARS S/O SRI ABDUL RESIDING AT NO.304, 4TH FLOOR SAPTHAGIRI VELNIA, K.R PLOTS 4TH CROSS, NEELADRI NAGAR ELECTRONIC CITY BENGALURU - 560 100. ...PETITIONER (BY SRI BINU M, ADV.) AND: STATE OF KARNATAKA YESHWANTHPUR P.S REP. BY HCGP/SPP 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 BAIL IN CRIME NO.194/2026 REGISTERED BY YESHWANTHPUR POLICE STATION FOR THE OFFENCES P/U/S 22(c) OF THE NDPS ACT 1985. 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 & 3 in Crime No.194/2026 registered by Yeshwanthpur Police Station, Bengaluru City, for the offences - 3 - HC-KAR CNR: KAHC010487092026 NC: 2026:KHC:42682 CRL.P No. 10551 of 2026 C/W CRL.P No. 10481 of 2026 punishable under Sections 22(b), 22(c) & 20(b) of NDPS Act, are 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.194/2026 was registered by Yeshwanthpur Police Station, Bengaluru City, for the offence under Section 22 of NDPS Act, against unknown persons. During the course of investigation, accused no.1 - Mohammed Rizwan was arrested and based on his confession statement, petitioners herein were arrested on 09.06.2026 & 11.06.2026, respectively. Their bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.6064/2026 & Crl. Misc. No.6045/2026 were dismissed on 01.07.2026 & 03.07.2026, respectively. It is under these circumstances, petitioners are before this Court. 4. Perusal of the material on record would go to show that acused no.2 was apprehended in the present case on 09.06.2026 near a playground at Malleswaram and was brought to the police station. Recovery of contraband article - 4 - HC-KAR CNR: KAHC010487092026 NC: 2026:KHC:42682 CRL.P No. 10551 of 2026 C/W CRL.P No. 10481 of 2026 allegedly MDMA weighing six grams from him was in the police station. Accused no.3 was arrested in the present case on 11.06.2026 and thereafter he was brought to the police station. Recovery of contraband article allegedly MDMA weighing five grams from him under a mahazar was in the police station. 5. It is not in dispute that the recovery of the contraband article is not made in the present case at the spot where the accused were apprehended, but the same was made in the police station subsequently. 6. The Hon'ble Supreme Court in the case of Khet Singh vs. Union of India - (2002) 4 SCC 380, in paragraph No.10, has observed as follows:- "10. The instructions issued by the Narcotics Control Bureau, New Delhi are to be followed by the officer-in- charge of the investigation of the crimes coming within the purview of the NDPS Act, even though these instructions do not have the force of law. They are intended to guide the officers and to see that a fair procedure is adopted by the officer-in-charge of the investigation. It is true that when a contraband article is seized during investigation or search, a seizure mahazar should be prepared at the spot in accordance with law. There may, however, be circumstances in which it would - 5 - HC-KAR CNR: KAHC010487092026 NC: 2026:KHC:42682 CRL.P No. 10551 of 2026 C/W CRL.P No. 10481 of 2026 not have been possible for the officer to prepare the mahazar at the spot, as it may be a chance recovery and the officer may not have the facility to prepare a seizure mahazar at the spot itself. If the seizure is effected at the place where there are no witnesses and there is no facility for weighing the contraband article or other requisite facilities are lacking, 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. In that event, where the seizure mahazar is prepared at a later stage, the officer should indicate his reasons as to why he had not prepared the mahazar at the spot of recovery. If there is any inordinate delay in preparing the seizure mahazar, that may give an opportunity to tamper with the contraband article allegedly seized from the accused. There may also be allegations that the article seized was by itself substituted and some other items were planted to falsely implicate the accused. To avoid these suspicious circumstances and to have a fair procedure in respect of search and seizure, it is always desirable to prepare the seizure mahazar at the spot itself from where the contraband articles were taken into custody." 7. Considering the aforesaid aspects of the matter and also having regard to the quantity of contraband article seized in the present case from the petitioners who have no criminal antecedents, I am of the opinion that their prayer for grant of - 6 - HC-KAR CNR: KAHC010487092026 NC: 2026:KHC:42682 CRL.P No. 10551 of 2026 C/W CRL.P No. 10481 of 2026 regular bail is required to be answered affirmatively. Accordingly, the following order: 8. The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.194/2026 registered by Yeshwanthpur Police Station, Bengaluru City, for the offences punishable under Sections 22(b), 22(c) & 20(b) of NDPS Act, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, 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; - 7 - HC-KAR CNR: KAHC010487092026 NC: 2026:KHC:42682 CRL.P No. 10551 of 2026 C/W CRL.P No. 10481 of 2026 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 KK