- 1 - HC-KAR CNR: KAHC010485012026 NC: 2026:KHC:47805 CRL.P No. 10549 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10549 OF 2026 BETWEEN: 1. ABUBAKKAR SIDDIK AGED ABOUT 33 YEARS C/O PUTHU BEARY, R/AT 1-150 KANA HOUSE, PERUVAI POST AND VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA -574 260. REP. BY HIS GPA HOLDER, THILAK RAJ, AGE 25 YEARS, S/O. VISHWANATH B, R/AT NO.10-69(C), BYPASS ROAD, MAYYARA BAILU, B MOODA, BANTWAL POST AND VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA -574 211. …PETITIONER (BY SRI. MAHAMMED MUSTHAFA, ADVOCATE) Digitally signed by CHETAN B C Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010485012026 NC: 2026:KHC:47805 CRL.P No. 10549 of 2026 AND: 1. STATE OF KARNATAKA BY MOODABIDRI P.S, REP BY S.P.P, HIGH COURT CAMPUS, BANGALORE- 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 22.06.2026 PASSED BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU, IN SPL.C NO.136/2026 REJECTING THE APPLICATION FILED BY THE PETITIONER U/S 497 AND 503 OF THE BNSS, 2023, SEEKING INTERIM CUSTODY OF HYUNDAI CAR BEARING REGISTRATION NO.KA- 09-MJ-7034, ARISING OUT OF CRIME NO.200/2025 OF MOODABIDRI POLICE STATION, REGISTERED FOR THE OFFENCES P/U/S 8(c) AND 22(b) OF THE NDPS ACT, 1985, SUBJECT TO SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. - 3 - HC-KAR CNR: KAHC010485012026 NC: 2026:KHC:47805 CRL.P No. 10549 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court, seeking the following prayer: WHEREFORE, the petitioner respectfully prays that this Hon'ble Court may be pleased to set aside the impugned order dated 22.06.2026 passed by the learned Principal District and Sessions Judge, Dakshina Kannada, Mangaluru, in Spl.C.No.136/2026 rejecting the application filed by the petitioner under Sections 497 and 503 of the BNSS, 2023, seeking interim custody of Hyundai Car bearing Registration No. KA-09-MJ-7034, arising out of Crime No.200/2025 of Moodabidri Police Station, registered for the offences punishable under sections 8(c) & 22(b) of the NDPS Act, 1985, subject to such terms and conditions as this Hon'ble Court deems fit, and grant such other and further relief/s as this Hon'ble Court deems fit and proper under the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri. Mahammed Musthafa, learned counsel appearing for the petitioner, Smt. Waheeda M.M., learned HCGP appearing for the respondent and have perused the material on record. - 4 - HC-KAR CNR: KAHC010485012026 NC: 2026:KHC:47805 CRL.P No. 10549 of 2026 3. A crime comes to be registered in Crime No. 200/2025 on 16.12.2025 for offences punishable under Sections 8(c) and 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The police seized the vehicle in which the contraband was found. The vehicle belongs to the petitioner. The petitioner on the score that he was not aware that the vehicle would be used for transportation of contraband, files an application before the concerned Court invoking Section 497 and 503 of the BNSS, 2023. The concerned Court rejected the application on the score that the contraband was found in the vehicle of the petitioner. The vehicle is now stranded before a particular police station after it being seized and P. F. being drawn. 4. Learned counsel appearing for the petitioner submits that he was not aware of the contraband being transported and he is not even drawn as an accused in the said proceeding. 5. In the light of the said submission, despite the objections of the learned HCGP, on certain conditions, I deem it - 5 - HC-KAR CNR: KAHC010485012026 NC: 2026:KHC:47805 CRL.P No. 10549 of 2026 appropriate to direct release of the vehicle to the hands of the petitioner. 6. For the aforesaid reasons, the following: ORDER i) The criminal petition is allowed. ii) The impugned order dated 22.06.2026 passed by the Principal District and Sessions Judge, Dakshina Kannada, Mangaluru in Spl.C.No.136/2026 arising out of Crime No.200/2025, is hereby set aside. iii) Respondent to release the Hyundai Car vehicle seized bearing No.KA-09-MJ-7034, on production of adequate surety to the satisfaction of the Investigating Officer along with the indemnity bond for a sum of Rs.2/- lakhs, furnishing proof of ownership. iv) The petitioner shall not repeat the offence that he is now embroiled in. - 6 - HC-KAR CNR: KAHC010485012026 NC: 2026:KHC:47805 CRL.P No. 10549 of 2026 v) The release of the subject vehicle shall be done, within one week from the date of receipt of the copy of the order. vi) It is made clear that in the event the petitioner uses the said vehicle for the same kind of offence, the matter would be viewed seriously. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 28