- 1 - HC-KAR CNR: KAHC010453312026 NC: 2026:KHC:47079 CRL.P No. 9699 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9699 OF 2026 BETWEEN: MR.SHIHABUDDEEN AGED 22 YEARS, S/O MR. ABDUL HAMEED, RESIDING AT DOOR NO. 3-28, PANDIAI PADPU, NARINGANA, BANTWAL, DAKSHINA KANNADA, KARNATAKA - 575 018 …PETITIONER (BY SRI. AKHIL C. MOHAN, ADVOCATE) AND: THE STATE OF KARNATAKA MANGALORE RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.46/2026 OF MANGALORE RURAL POLICE STATION PENDING IN THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010453312026 NC: 2026:KHC:47079 CRL.P No. 9699 of 2026 FOR THE OFFENCES P/U/S 8(c), 22(c) AND 29 OF THE NDPS ACT 1985. 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 Crime No.46 of 2026 registered by Mangaluru Rural Police Station, Mangaluru City for the offences punishable under Section 8(c), 22(C) and 29 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.46 of 2026 registered by Mangaluru Rural Police Station, Mangaluru City for the aforesaid offences against one Mohammed Nasir Yane Karadi Nasir and petitioner herein, based on the first information dated 20.05.2026 received from Ravalendra, police Officer attached to Mangaluru Rural Police Station. - 3 - HC-KAR CNR: KAHC010453312026 NC: 2026:KHC:47079 CRL.P No. 9699 of 2026 During the course of investigation of the said case, the petitioner was arrested on 21.05.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crime No.46 of 2026, which was rejected on 22.06.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner is a youngster, aged 22 years having no other criminal antecedents. There is non compliance of Section 50 of NDPS Act in the present case and therefore, the rigour under Section 37(1)(b) of the NDPS Act cannot be made applicable to the case on hand. Accordingly, he prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor who has opposed the petition, however does not dispute the submission made by the learned counsel for the petitioner. - 4 - HC-KAR CNR: KAHC010453312026 NC: 2026:KHC:47079 CRL.P No. 9699 of 2026 6. Perusal of the material on record would go to show that based on the credible information received on 20.05.2026, after obtaining permission from Assistant Commissioner of Police, South Sub-Division, Dakshina Kannada District, a raid was conducted to the alleged spot, where accused persons were making attempts to sell contraband articles to the public and from the said spot, accused Nos.1 and 2 were apprehended and from their possession contraband article alleged MDMA weighed 12.38 grams, cash of Rs.1,000/- and two mobile phones were recovered and seized under a panchanama. 7. Perusal of the first information as well as the seizure panchanama would indicate that the raid was conducted to the alleged spot where accused persons were making attempts to sell the contraband article to the public, after obtaining the necessary permission from the Assistant Commissioner of Police, Mangaluru South Sub- Division. The recovery mahazar would indicate that the very same Officer was also the Gazetted Officer for the - 5 - HC-KAR CNR: KAHC010453312026 NC: 2026:KHC:47079 CRL.P No. 9699 of 2026 purpose of Section 50 of the NDPS Act. Therefore, in view of the law laid by the Hon'ble Supreme Court in the case of STATE OF RAJASTHAN versus PARMANAND AND ANOTHER, reported in (2014) 5 SCC 345 and also in the case of RANJAN KUMAR CHADHA versus STATE OF HIMACHAL PRADESH reported in 2023 SCC OnLine SC 1262, the said Gazetted Officer cannot be considered as an independent Gazetted Officer for the purpose of Section 50 of the NDPS Act, since, he had given permission to the raiding party to conduct the raid. It is trite that non- compliance of Section 50 of the Act vitiates the recovery. Therefore, the rigour under Section 37(1)(b) of the Act cannot be made applicable to the case on hand. 8. Under these circumstances, I am of the opinion that the prayer made by the petitioner who is a youngster, aged 22 years having no other criminal antecedents, for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following : - 6 - HC-KAR CNR: KAHC010453312026 NC: 2026:KHC:47079 CRL.P No. 9699 of 2026 O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.46 of 2026 registered by Mangaluru Rural Police Station, Mangaluru City for the offences punishable under Section 8(c), 22(C) and 29 of 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR CNR: KAHC010453312026 NC: 2026:KHC:47079 CRL.P No. 9699 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 AMM List No.: 1 Sl No.: 56