- 1 - HC-KAR CNR: KAHC010479502026 NC: 2026:KHC:44157 CRL.P No. 10365 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10365 OF 2026 BETWEEN: SYED FURQAN AHAMED S/O SYED NAZEER AHAMED AGED ABOUT 33 YEARS OCC: FISH AQUARIUM BUSINESS R/O 2ND MAIN ROAD, RSN CLEVE LAYOUT, KUMBARAHALLI SOS ADD OPPOSITE ALE HABEEB HOSPITAL, K.G. HALLI, BENGALURU - 560 045 (PETITIONER/ACCUSED NO. 1 NOW IN JUDICIAL CUSTODY …PETITIONER (BY SRI RAVINDRA B DESHPANDE, ADV.) AND: THE STATE OF KARNATAKA BY KOLAR CEN CRIME POLICE STATION KOLAR - 563 101, (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001) …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SPL.C (NDPS) NO.31/2025 ARISING OUT OF CR.NO.11/2026 REGISTERED BY KOLAR CEN CRIME P.S., PENDING BEFORE THE HONBLE SPECIAL JUDGE AND PRL. DISTRICT AND SESSIONS JUDGE, KOLAR, CHARGE SHEETED FOR THE OFFENCE P/U/S 21(c) OF NDPS ACT, 1985. 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: KAHC010479502026 NC: 2026:KHC:44157 CRL.P No. 10365 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Spl.C(NDPS).No.31 of 2025 pending before the Court of Principal District & Sessions & Special Judge, Kolar arising out of Crime No.11 of 2025 registered by Kolar CEN Crime Police Station, Kolar District for offences punishable under Sections 21(c) of 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.11 of 2025 was registered by Kolar CEN Crime Police Station, Kolar District for the aforesaid offence against the petitioner herein, based on the first information dated 12.03.2025 received from Sri Ambareesha, Police Officer attached to CEN Police Station, Kolar. During the course of investigation of the case, petitioner was arrested on 12.03.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against 2 persons and - 3 - HC-KAR CNR: KAHC010479502026 NC: 2026:KHC:44157 CRL.P No. 10365 of 2026 petitioner is arraigned as accused no.1 in the charge sheet. His bail application filed before the Trial Court in Spl.C(NDPS).No.31 of 2025 was rejected on 10.12.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that, the petitioner is in custody for the last nearly 1 year and 6 months. Trial in the case is yet to commence. There is discrepancy with regard to the weight of the seized contraband article and delay in completing the proceedings under Section 52A of the NDPS Act. Accordingly, he prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor who has opposed the petition submits that, the petitioner is a person with criminal antecedents and seized contraband article in the present case is of commercial quantity. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered based on the credible information received on 12.03.2025 to the effect that - 4 - HC-KAR CNR: KAHC010479502026 NC: 2026:KHC:44157 CRL.P No. 10365 of 2026 the petitioner was transporting contraband articles allegedly 'MDMA' in his motorbike. After complying with requirements of Section 42 of the NDPS Act, the motorbike of the petitioner was intercepted and contraband article allegedly 'MDMA' totally weighing 806 grams has been seized from his possession. The seized contraband article has tested positive for a drug known as 'Methamphetamine'. As per relevant notification, quantity weighing above 50 grams of Methamphetamine is considered as commercial quantity. Therefore, the contraband article seized in the present case is of commercial quantity. 7. Learned counsel for the petitioner has failed to point out that the investigation officer has not complied any mandatory provisions of law in the present case. Merely for the reason that, there is delay in complying requirements of Section 52A of the NDPS Act, the same cannot be a ground to grant bail to a person who is accused in a case registered for the offence punishable under the provisions of NDPS Act, wherein the seized contraband article is of commercial quantity. - 5 - HC-KAR CNR: KAHC010479502026 NC: 2026:KHC:44157 CRL.P No. 10365 of 2026 8. Learned Addl. State Public Prosecutor has brought to the notice of this Court that the petitioner is a person with criminal antecedents and he has got three other cases registered against him including a case registered under the provisions of NDPS Act. 9. Since the petitioner has similar criminal antecedents, having regard to the twin conditions found under Section 37(1)(b) of the NDPS Act, his prayer for grant of regular bail cannot be considered at this stage. Under the circumstances, criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 56