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2026 DAILYLAW 51018 (KAR)

NAYEEM AHMED v. STATE OF KARNATAKA

CRL.P/14916/2025 · 2026-01-30

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5322 CRL.P No. 14916 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14916 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NAYEEM AHMED S/O LATE NISAR AHMED AGED ABOUT 35 YEARS, R/AT. 3RD CROSS, 2ND MAIN ROAD, NEAR DELHI PUBLIC SCHOOL, BETTADASAPURA, BANNEGATTA MAIN ROAD, BENGALURU - 560076 …PETITIONER (BY SRI. NATARAJ D.,ADVOCATE) AND: 1. STATE OF KARNATAKA GIRINAGAR POLICE STATION BENGALURU - 560085. REPRESENTED BY STATE PUBLIC PROSECUTOR, OFF/AT HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY SRI. M R PATIL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5322 CRL.P No. 14916 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND GRANT REGULAR BAIL UNDER SECTION 483 OF BNSS ACT 2023 IN CRIME NO.305/2025 REGISTERED AT GIRINAGAR POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(C) OF NARCOTIC DRUGS PSYCHOTROPIC SUBSTANCES ACT, 1985, WHICH IS PENDING BEFORE THE HONBLE 37TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT NRUPATUNGA ROAD, BANGALORE. 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.305/2025 of Girinagar Police Station registered for the offences punishable under Section 20(C) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State. 3. The learned counsel for petitioner would contend that the petitioner was the driver in the car in - 3 - HC-KAR NC: 2026:KHC:5322 CRL.P No. 14916 of 2025 which the ganja has been seized. The persons who were sitting on the back seat of the car ran away from the spot. One of them, that is, accused No.2 has been granted anticipatory bail by the Trial Court. The seized articles are ten packets and their weight is taken including the plastic cover. The complainant has not recorded the information received in writing and has not informed the same to the higher authorities. The petitioner is in judicial custody since 16.09.2025. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader would contend that a commercial quantity of ganja was found in the car of the petitioner and that the petitioner was in conscious possession of the said commercial quantity of ganja. The seized articles were sent for FSL examination. The car has been purchased by the petitioner. The statement of the person who sold the car has been recorded. The petitioner is having criminal antecedents involved in Crime No.89/2021 of Electronic - 4 - HC-KAR NC: 2026:KHC:5322 CRL.P No. 14916 of 2025 City Police Station. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. The averments in the complaint indicate that while the police were on checking duty, they found the driver of the car talking on a mobile phone and driving the vehicle at high speed. He did not stop despite the signal given by the police, and therefore, he was chased and apprehended. Two persons travelling in the car ran away from the spot. Upon inspection, a bag was found in the car, which was suspected to contain ganja. The said fact was informed to the complainant. Complainant came to the spot and seized the ten packets found in the car contained ganja. The total weight of those ten packets is 21.930 kg. and it has been seized along with cash of - 5 - HC-KAR NC: 2026:KHC:5322 CRL.P No. 14916 of 2025 Rs.2,89,000/-, golden articles, five mobiles and the said car. 7. The quantity of ganja seized is commercial quantity. Therefore, the rigor of Section 37 of the NDPS Act, 1985 is attracted. The punishment provided for the said offence is imprisonment which may extend to twenty years. At this stage, there are no materials to say that the petitioner is not involved in commission of offence under NDPS Act, 1985. The petitioner is also having criminal antecedents involved in Crime No.89/2021 of Electronic City Police Station. 8. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 2 Sl No.: 16