- 1 - HC-KAR NC: 2026:KHC:13755 CRL.RP No. 349 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 349 OF 2026 BETWEEN: 1. IBRAHIM K., AGED ABOUT 44 YEARS, S/O LATE ABDUL RAHIMAN. R/AT C.P.C. COMPOUND, KUDROLI, MANGALURU, D.K.- 575 003 …PETITIONER (BY SRI. SACHIN MADEV HEGDE, ADVOCATE FOR SRI. SACHIN B.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA URWA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001 …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C. (U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED JUDGEMENT DTD 29.01.2026 IN CRL.A.NO.171/2023 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, MANGALURU, D.K., WHICH DISMISSED THE APPEAL FILED BY THE PETITIONER/ ACCUSED AND CONFIRMED THE JUDGEMENT AND ORDER OF CONVICTION AND SENTENCE DTD 30.06.2023 IN CC.NO.1049/2020 ON THE FILE OF THE JMFC (III COURT) AT MANGALURU, THEREBY CONVICTING THE PETITIONER/ ACCUSED FOR THE OFFENCES P/U/S 8(c),20(b)(ii)(A) OF NDPS Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13755 CRL.RP No. 349 of 2026 ACT AND CONSEQUENTLY ALLOW CRL.A.NO.171/2023 AS PRAYED FOR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.Sachin Madev Hegde, learned counsel appearing on behalf of Sri.Sachin B. S., learned counsel for the revision petitioner and Sri.K.Nageshwarappa, learned High Court Government Pleader for the State/respondent. 2. Accused who has suffered an order of conviction in CC No.1049/2020 dated 30.06.2023 which was confirmed in Crl.A.No.171/2023 dated 29.01.2026 for the offence punishable under Sections 8(c), 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced as under: “For the offence punishable under Section 8(c), 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985, accused is sentenced to undergo rigorous imprisonment for a period of six - 3 - HC-KAR NC: 2026:KHC:13755 CRL.RP No. 349 of 2026 months and is also sentenced to pay fine of Rs.10,000/-. In default of payment of fine, the accused is sentenced to undergo simple imprisonment for a period of one month. Exercising the power under Section 428 of Cr.P.C., the period undergone by the accused is to be set off against the sentence. Bail bond and the surety bond of the accused stands cancelled. MO.1 being the contraband/ganja shall be forwarded to the drug disposal committee for disposal in accordance with law after the period prescribed for appeal is over. MO.2 and 3 having some worth, be auctioned and the amount be confiscated to the State and MO.4 – Cash of Rs.120/- be confiscated to the State.” 3. At the outset, learned counsel for the revision petitioner would contend that the seized ganja was to the tune of 50 grams which is classified as personal quantity. Therefore, taking note of the fact that accused is the first time offender, custody period of six days may be treated - 4 - HC-KAR NC: 2026:KHC:13755 CRL.RP No. 349 of 2026 as period of simple imprisonment by enhancing the fine amount reasonably. 4. He would also contend that material on record was also not sufficient enough to maintain the conviction but since the scope of revision petition is only with regard to the order of jurisdiction, patent factual error or question of sentence, he would restrict the arguments with regard to the inappropriate sentence passed by the learned Trial Magistrate confirmed by the First Appellate Court having regard to the attendant facts and circumstances of the case and sought for suitable orders. 5. Per contra, learned High Court Government Pleader for the State/respondent would contend that consumption of drugs or possession of the drugs even with a personal quantity or small quantity would be hazardous to the society as well and has got serious impact on the social health at large besides the health issues suffered by the accused himself by consumption and also distributing. - 5 - HC-KAR NC: 2026:KHC:13755 CRL.RP No. 349 of 2026 6. He would also contend that sale of NDPS material is a social evil which will have to be dealt with stern hands especially when two Courts have recorded the order of conviction. 7. Therefore, sought for dismissal of the revision petition in toto. 8. Having heard the arguments of both sides, this Court perused the material on record meticulously. 9. On such perusal of the material on record, admittedly, seized ganja is to the tune of 50 grams which was being found in possession of the revision petitioner. Apart from the seized ganja, police were also able to seize two mobile telephones and cash of Rs.120/-. Petitioner was proceeding on a two wheeler motorcycle (TVS Brand) and he was apprehended by the raid party in the presence of witness and 50 gram of ganja was seized. - 6 - HC-KAR NC: 2026:KHC:13755 CRL.RP No. 349 of 2026 10. Two Courts after taking into consideration, the material evidence on record, has concluded that the accused is guilty of the offences alleged against him and has rightly recorded an order of conviction. 11. However, since the accused is the first time offender. Material on record would not be sufficient to hold that accused was a drug peddler. Seized ganja is to the tune of only 50 grams, this Court is of the considered opinion that custody period already undergone by the accused if treated as period of imprisonment by enhancing the fine amount of Rs.50,000/- payable on or before 31.03.2026, would meet the ends of justice. 12. Accordingly, the following: ORDER i. Revision petition is allowed in part. ii. While maintaining the conviction of the accused for the offence punishable under Sections under Sections 8(c), 20(b)(ii)(A) of - 7 - HC-KAR NC: 2026:KHC:13755 CRL.RP No. 349 of 2026 Narcotic Drugs and Psychotropic Substances Act, 1985, custody period already undergone by the revision petitioner is treated as period of imprisonment by enhancing the fine amount in a sum of Rs.50,000/- payable by the revision petitioner on or before 31.03.2026. iii. If there is a failure to pay the enhanced fine amount on or before 31.03.2026, accused/revision petitioner shall undergo imprisonment as ordered by the learned Trial Magistrate confirmed by the First Appellate Court. Office is directed to communicate the order of this Court to the Trial Court for issue of modified conviction warrant. Sd/- (V SRISHANANDA) JUDGE KAV CT-SG/List No.: 1 Sl No.: 45