- 1 - HC-KAR CNR: KAHC010527912026 NC: 2026:KHC:52889 CRL.P No. 11441 of 2026 C/W CRL.P No. 11925 of 2026 CRL.P No. 12174 of 2026 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11441 OF 2026 C/W CRIMINAL PETITION NO. 11925 OF 2026 CRIMINAL PETITION NO. 12174 OF 2026 CRIMINAL PETITION NO. 13571 OF 2026 IN CRL.P No. 11441/2026 BETWEEN: SRI. FARID PASHA @ GORU, S/O SARDAR AHMED AGED ABOUT 27 YEARS PRESENTLY R/AT.NO.2556, 1ST CROSS, NEAR KOOBA MASJID, UDAYAGIRI, MYSORE - 570 019. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: STATE OF KARNATAKA BY ALANAHALLI P.S., MYSURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI. RAHUL RAI K, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010527912026 NC: 2026:KHC:52889 CRL.P No. 11441 of 2026 C/W CRL.P No. 11925 of 2026 CRL.P No. 12174 of 2026 AND 1 OTHER THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.NO.206/2026 (CRIME NO.139/2025) OF THE RESPONDENT NO.1 ALANAHALLI POLICE STATION, MYSURU FOR THE OFFENCE P/US/ 22(c) OF NDPS ACT PENDING ON THE FILE OF THE HONBLE VII ADDL DISTRICT AND SESSIONS JUDGE, COURT AT MYSURU. IN CRL.P NO. 11925/2026 BETWEEN: NAYAZ PASH @ ADNAN AGED ABOUT 29 YEARS, S/O AZAM PASHA, R/A NO.2995, 2ND CROSS, NEAR MADEGOWDA CIRCLE, RAJEEV NAGARA, MYSURU - 570 019. ...PETITIONER (BY SRI. ABDUL ANSAR P, ADVOCATE) AND: STATE OF KARNATAKA BY ALANAHALLI P.S., REP. BY SPP, HIGH COURT OF KARNATAKA - 560 001 BENGALURU. ...RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.NO.206/2026 ARISING OUT OF CR.NO.139/2025 REGISTERED BY ALANAHALLY P.S., FOR THE OFFENCE P/U/S 22(C) OF NDPS ACT, 1985, PENDING BEFORE THE HONBLE COURT OF VII ADDL. DISTRICT AND - 3 - HC-KAR CNR: KAHC010527912026 NC: 2026:KHC:52889 CRL.P No. 11441 of 2026 C/W CRL.P No. 11925 of 2026 CRL.P No. 12174 of 2026 AND 1 OTHER SESSIONS JUDGE, AT MYSURU. IN CRL.P NO. 12174/2026 BETWEEN: NAVEEN KUMAR S/O K. SRINIVAS AGED ABOUT 36 YEARS, R/AT NO. 240/444, AKSHATHA NILAYA VENKATESHWARA BADAVANE, ALANAHALLI, MYSURU CITY. ...PETITIONER (BY SRI. SAMPREETH V, ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY ALANAHALLI POLICE STATION, MYSURU THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. ...RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER BASED ON THE ARREST CAUSED ON 01.01.2026 AND RELEASE HIM FROM CUSTODY IN THE CASE REGISTERED BY THE RESPONDENT IN SPL.C.NO.206/2026 FOR THE OFFENCE P/U/S 22(c) OF NDPS ACT 1985 REGISTERED BY RESPONDENT POLICE PENDING ON THE FILE OF VII ADDL. DIST. AND SESSIONS JUDGE CITY AT MYSURU. - 4 - HC-KAR CNR: KAHC010527912026 NC: 2026:KHC:52889 CRL.P No. 11441 of 2026 C/W CRL.P No. 11925 of 2026 CRL.P No. 12174 of 2026 AND 1 OTHER IN CRL.P NO. 13571/2026 BETWEEN: SRI. THOUHID PASHA S/O MOHAMED RIZWANTH AGED ABOUT 31 YEARS PRESENTLY R/AT NO.124, 7TH CROSS MAHADEVAPURA MAIN ROAD SHANTHINAGARA, MYSORE - 570 019. ...PETITIONER (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: STATE OF KARNATAKA BY ALANAHALLI P.S., MYSURU, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. ...RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.NO.206/2026 ARISING OUT OF CR.NO.139/2025 REGISTERED BY THE RESPONDENT NO.1 IN ALANAHALLI P.S., MYSORE, FOR THE OFFENCES P/U/S 22(C) OF NDPS ACT, PENDING BEFORE THE HONBLE VII ADDL. DISTRICT AND SESSIONS JUDGE, AT MYSORE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 5 - HC-KAR CNR: KAHC010527912026 NC: 2026:KHC:52889 CRL.P No. 11441 of 2026 C/W CRL.P No. 11925 of 2026 CRL.P No. 12174 of 2026 AND 1 OTHER ORAL ORDER Accused Nos.1 to 4 in Special Case No.206 of 2026 pending before the Court of VII Additional District and Sessions Judge, Mysuru, arising out of Crime No.139 of 2025 registered by Alanahally Police Station, Mysuru City for the offence punishable under Section 22(C) of NDPS Act, 1985, are before this Court in above captioned criminal petitions filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.139 of 2025 was registered by Alanahally Police Station, Mysuru City for the aforesaid offence against the petitioners herein, based on the first information dated 31.12.2025 received from Swarna G.S., Police Officer attached to Alanahally Police Station. During the course of investigation, the petitioners herein were arrested on 31.12.2025 and remanded to judicial custody. After completing investigation, the charge sheet is filed - 6 - HC-KAR CNR: KAHC010527912026 NC: 2026:KHC:52889 CRL.P No. 11441 of 2026 C/W CRL.P No. 11925 of 2026 CRL.P No. 12174 of 2026 AND 1 OTHER against them for the aforesaid offence. Their bail application filed before the Trial Court in Special Case No.206 of 2026 was rejected on 17.07.2026. Therefore, they are before this Court. 4. A reading of the first information in the present case would reveal that on 31.12.2025 at about 05.00 p.m., when the first informant and other police staff were moving in the departmental vehicle within the jurisdiction of Alanahally Police Station, they found one white-coloured Mahindra car and persons who were standing near the car tried to run away after seeing the police. Immediately thereafter, the police staff apprehended the 4 said persons, who were near the Mahindra car. After verifying their name and address, it was found that the accused persons were in possession of contraband article allegedly MDMA. 5. During the course of investigation, the police have recovered and seized total quantity of 78.03 grams - 7 - HC-KAR CNR: KAHC010527912026 NC: 2026:KHC:52889 CRL.P No. 11441 of 2026 C/W CRL.P No. 11925 of 2026 CRL.P No. 12174 of 2026 AND 1 OTHER of contraband article allegedly MDMA from the possession of the apprehended accused persons, who are now arraigned as accused Nos.1 to 4 in present case. The seized contraband article has tested positive for methamphetamine. 6. A reading of the first information as well as the recovery mahazar would go to show that the Gazetted Officer had recovered 29.36 grams of contraband article from the pant pocket of accused No.1-Nayaz Pasha. Therefore, compliance of Section 50 of the NDPS Act becomes necessary in the present case. 7. A reading of the notice issued in the present case to the accused persons in compliance of the requirements of Section 50 of the Act would go to show that in the said notice, there is no mention about informing the right available to the accused persons under law to be searched before the Gazetted Officer or the nearest Magistrate. It is trite that non-compliance of - 8 - HC-KAR CNR: KAHC010527912026 NC: 2026:KHC:52889 CRL.P No. 11441 of 2026 C/W CRL.P No. 11925 of 2026 CRL.P No. 12174 of 2026 AND 1 OTHER Section 50 of the NDPS Act vitiates the very recovery of the contraband articles. The law in this regard has been laid down by the Hon'ble Supreme Court in the case of VIJAYSINH CHANDUBHA JADEJA v. STATE OF GUJARAT reported in (2011) 1 SCC 609. Investigation of the case is now completed and the petitioners have been custody for the last nearly one year. Since, there is no compliance of Section 50 of the NDPS Act, the rigour under Section 37(1)(b) of the NDPS Act cannot be made applicable as against the petitioners in the present case. 8. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R (i) The Criminal Petitions are allowed. - 9 - HC-KAR CNR: KAHC010527912026 NC: 2026:KHC:52889 CRL.P No. 11441 of 2026 C/W CRL.P No. 11925 of 2026 CRL.P No. 12174 of 2026 AND 1 OTHER (ii) The petitioners are directed to be enlarged on bail in Special Case No.206 of 2026 pending before the Court of VII Additional District and Sessions Judge, Mysuru, arising out of Crime No.139 of 2025 registered by Alanahally Police Station, Mysuru City for the offence punishable under Section 22(C) of NDPS Act, 1985, subject to the following conditions: a) The 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; - 10 - HC-KAR CNR: KAHC010527912026 NC: 2026:KHC:52889 CRL.P No. 11441 of 2026 C/W CRL.P No. 11925 of 2026 CRL.P No. 12174 of 2026 AND 1 OTHER 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 AMM List No.: 1 Sl No.: 61