The court granted bail based on the quantity of contraband and the petitioner's personal circumstances, ruling that Section 37(1)(b) of the NDPS Act does not apply.

ORAL ORDER

Accused in Spl.C.No.5005/2025 pending before the Court of V Additional District and Sessions Judge and Special Judge, Dakshina Kannada, Mangaluru, sitting at Puttur, Dakshina Kannada, arising out of Crime No.108/2024 registered by Puttur Town Police Station, Dakshina Kannada District for offences punishable under Sections 8(c) , 22(B) and 27(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') is before this Court under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.108/2024 was registered by Puttur Town Police Station, Dakshina Kannada District initially for offences punishable under Section 8(c), 22(B) of NDPS Act against petitioner herein, based on the first information dated 27.11.2024 received from Ashok Kumar, police officer attached to Puttur Town Police Station, Dakshina Kannada District.

4. During the course of investigation of the said case, petitioner herein was arrested on 27.11.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the trial Court in Spl.C.No.5005/2025 was rejected on 17^th February, 2025.

Therefore, petitioner is before this court.

5. Learned Counsel for the petitioner submits that seized contraband article in the present case is of intermediate quantity. Petitioner is in custody for the last more than six months. Investigation of the case is completed and charge sheet has been filed. Petitioner is a married man having wife and children and he is the sole breadwinner of his family. Accordingly, he prays to allow this petition.

6. Per contra, learned HCGP has opposed the petition and submits that petitioner is a person with criminal antecedents and he was involved in another criminal case registered by the very same police station in Crime No.48/2024. Accordingly, he prays to dismiss this petition.

7. Material on record would go to show that on 27.11.2024 when the petitioner was riding his motorbike bearing registration No.KA-51-Y-4382 the same was randomly stopped by the police office for the purpose of inspection. The petitioner allegedly tried to escape from the spot and therefore, he was apprehended and on verification, he allegedly informed that he was in possession of contraband article MDMA and it is in this background, petitioner was brought to the police station and FIR in Crime No.108/2024 was registered against him by Puttur Town Police Station, Dakshina Kannada District. From the motorbike of the petitioner the contraband article allegedly MDMA totally weighing 7.32 grams was seized and subjected to panchanama. Subsequently, petitioner was arrested and remanded to judicial custody. The seized contraband article which was sent to Forensic Science Laboratory for examination has now tested positive for a drug known as Methamphetamine. 7.32 grams of methamphetamine is considered as an intermediate quantity under the relevant notification issued under the provision of NDPS Act.

8. Learned Counsel for the petitioner has produced FIR in Crime No.48/2024 registered by Puttur Town Police Station, Dakshina Kannada District against the petitioner and perusal of the same would go to show that even in the said case the contraband article seized from the possession of the petitioner and other accused persons was of intermediate quantity. In the said case petitioner was granted regular bail by the Jurisdictional Sessions Court.

9. So far as the present case is concerned, petitioner is in custody for a pe