- 1 - HC-KAR NC: 2026:KHC:3426 CRL.P No. 14215 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14215 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: WASEEM AKRAM, S/O, AMEED, AGED ABOUT 30 YEARS R/AT: NO.137, 3RD MAIN, 3RD CROSS, ADARSHANAGAR, HASSAN - 573 201. PETITIONER (BY SRI. PRATHEEP.K.C., ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY SAMPIGEHALLI POLICE STATION, BENGALURU DISTRICT, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME NO.326/2025 PENDING ONT THE FILE OF XLI A.C.J.M COURT BENGALURU FOR THE OFFENCES PUNISHABLE UNDER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3426 CRL.P No. 14215 of 2025 SECTIONS 8(c) AND 22(C) OF NDPS ACT, BY SAMPIGEHALLI POLICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.326/2025 of Sampigehalli Police Station registered for offences punishable under Sections 8(c) and 22(C) of Narcotic Drugs and Psychotropic Substances Act. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, the PSI who conducted raid has received credible information when he was in a Police station at about - 3 - HC-KAR NC: 2026:KHC:3426 CRL.P No. 14215 of 2025 12.30 noon on 16.08.2025. Subsequently, he conducted a raid and seized 30 grams of MDMA from the bike of this petitioner. On perusal of the FIR at column-d indicates that, there is an entry in the general diary at 15:30 hours i.e., after the raid and filing of the report by the PSI. Therefore, there is no compliance of Section 42(1) of the NDPS Act. Learned counsel for petitioner places reliance on the decision of Hon'ble Apex Court in the case of KARNAIL SINGH vs. STATE OF HARYANA reported in (2009) 8 SCC 539. On these grounds, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, on the same day the PSI has reported to its higher authority and there is a compliance of Section 42 of NDPS Act. The quantity seized is a commercial quantity and therefore rigor of Section 37 of NDPS Act is applicable. Accused No.2 is absconding and if the petitioner is granted bail, it is - 4 - HC-KAR NC: 2026:KHC:3426 CRL.P No. 14215 of 2025 difficult for the Investigating Officer in securing accused No.2. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. After conducting the raid, PSI has filed his report on 16.08.2025 at about 15:30 hours and based on which, FIR has been registered in Crime No.326/2025 at 15:30 hours against the petitioner and another for aforesaid offences. The report of PSI indicates that, 30 grams of MDMA has been seized from the bike of this petitioner. 7. Learned counsel for petitioner would contend that, there is no compliance of sub-section (1) of Section 42 of NDPS Act of producing the information in writing. In KARNAIL SINGH supra, the Hon'ble Apex Court has held as under: "35… - 5 - HC-KAR NC: 2026:KHC:3426 CRL.P No. 14215 of 2025 (a) the officer on receiving the information [of the nature referred to in sub-section (1) of Section 42] from any person had to record it in writing in the register concerned and forthwith send a copy to his immediate official superior, before proceeding to take action in terms of caluses (a) to (d) of Section 42(1)." 8. On perusal of the report filed by PSI after conducting raid indicates that the credible information has been received when he was in Police station at 12:30 noon on 16.08.2025. Further it is indicated that, he has recorded the said information in a station house diary and informed the same to ACP and obtained permission to conduct raid. The said aspect itself indicates that there is a compliance of sub-section (1) of Section 42 of NDPS Act recording the information received. Even there is a compliance of sub-section (2) of Section 42 of NDPS Act that, the information has been sent to higher authorities within seventy two(72) hours of receipt of the information. 9. The quantity of contraband seized is 30 grams of MDMA and other articles. As the commercial quantity of - 6 - HC-KAR NC: 2026:KHC:3426 CRL.P No. 14215 of 2025 contraband seized, the rigor of Section 37 is applicable. As 30 grams of MDMA has been seized from the bike of this petitioner, at this stage, it cannot be said that he is not involved in trafficking in narcotic drug. 10. Considering all the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 1