- 1 - HC-KAR NC: 2026:KHC:15968 CRL.P No. 3418 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3418 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: MR. YAHYA @ YAHYA KOKKADA, S/O K MAHAMMAD, AGED ABOUT 47 YEARS, R/AT 5-40 MATA HOUSE, UPPINANGADY VILLAGE, PUTTUR TALUK 3 574 241. &PETITIONER (BY SRI. SACHIN B S.,ADVOCATE) AND: THE STATE OF KARNATAKA UPPINANGADY POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15968 CRL.P No. 3418 of 2026 HIGH COURT BUILDING BANGALORE 3 560 001. &RESPONDENT (BY SRI. RANGASWAMY R., ADDL. SPP) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO DIRECT THE RESPONDENT TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.19/2026 REGISTERED BY THE UPPINANGADY POLICE STATION, PENDING ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU SITTING AT PUTTUR D.K., FOR THE OFFENCE P/U/S 8(c), 22(b) OF NARCOTICS DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985, BY ACCEPTING SURETY OR ON ANY CONDITIONS THAT THIS HONBLE COURT MAY BE PLEASED TO IMPOSE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:15968 CRL.P No. 3418 of 2026 ORAL ORDER 1. The petitioner/accused is before this Court seeking grant of regular bail in Crime No.19/2026 filed by the respondent-police for the offence under Sections 8(c) and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Brief facts of the case: 2. The case of the prosecution is that when the Sub- Inspector of Police was on his patrolling duty along with staff, he had noticed that one person was holding a paper cover in his hand, and he was trying to run away from the spot after seeing the police. Immediately, he was arrested and questioned as to why he was running away from the spot on seeing the police jeep. The said person had not given a proper answer. Immediately, a search was conducted. The complainant and his team have found that 2 grams and 16 milligrams of MDMA worth Rs. 3,000/- was found in the said packet. Therefore, the said contraband has been seized in the presence of such witnesses, and a case has been registered against him. Investigation is under progress. - 4 - HC-KAR NC: 2026:KHC:15968 CRL.P No. 3418 of 2026 3. Heard Sri. Sachin B.S., learned counsel for the petitioner and Sri. Rangaswamy R., learned Addl. SPP for the respondent State. 4. It is the submission of learned counsel for the petitioner is that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case to show the statistics to higher officials. It is further submitted that the contraband has to be seized in the presence of a Gazetted Officer as per Section 50 of the NDPS Act. However, no Gazetted Officer was present at the time when the alleged seizure of the contraband had taken place. which is a clear violation of the guidelines of the Supreme Court and also under the NDPS Act. 5. It is further submitted that the alleged contraband seized from the accused is not a commercial quantity. Moreover, the said contraband has not been placed before the Magistrate to get the inventory done. Not sending the contraband to the Magistrate for conducting an inventory is a violation of Section 52 3A of the Act. Therefore, the petitioner - 5 - HC-KAR NC: 2026:KHC:15968 CRL.P No. 3418 of 2026 may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader for the respondent-State vehemently submitted that the petitioner was trying to sell contraband to the customers, and the said contraband has been seized. The petitioner was caught red-handed by the complainant and his team, and the property was seized in the presence of Panch witnesses. Though it is not a commercial quantity, the manner in which he was trying to sell the contraband would indicate that he had the intention to spoil the youth and also the public at large. Therefore, it is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. 7. Heard learned counsel for the respective parties and perused the averments of the complaint. It appears from the record that 2.18 grams of MDMA had been seized from the possession of the petitioner. No doubt, it is not a commercial quantity and also the petitioner has no criminal antecedents. Moreover, the petitioner is a permanent resident of Puttur Taluk. - 6 - HC-KAR NC: 2026:KHC:15968 CRL.P No. 3418 of 2026 8. Having considered the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 9. Hence, I proceed to pass the following order: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.19/2026 filed by the respondent-police for the offence under Sections 8(c) and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall neither threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. - 7 - HC-KAR NC: 2026:KHC:15968 CRL.P No. 3418 of 2026 (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not indulge in any criminal cases till disposal of the case. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 57