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2025 Supreme(Online)(Kar) 14896
KARNATAKA HIGH COURT
S VISHWAJITH SHETTY, J
MOHAMMED MAAZ – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 5800 OF 2025
For the Appellants/Petitioners: SMT. MEENAKSHI K.
For the Respondents: SMT. WAHEEDA.M.M.
Court emphasized the importance of a clean criminal record in deciding bail applications under NDPS Act while allowing bail in this case.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8
(C), 22
(C) - Bail application allowed - Petitioner arrested for possession of methamphetamine - Co-accused released on bail - No criminal antecedents - Conditions for bail set forth. (Paras 4, 8, 9)
(B) Judicial discretion on bail - Accused's past behavior and nature of charges are critical when assessing bail. (Paras 2, 5)
Facts of the case:
Petition for bail filed by the petitioner who was arrested for offenses under the NDPS Act related to possession of methamphetamine. Co-accused granted bail.
Findings of Court:
Court grants bail to the petitioner due to absence of criminal history and release of co-accused.
Issues: Determination of bail based on comparable circumstances with co-accused.
Ratio Decidendi: The court highlighted that prior criminal behavior affects bail decisions but noted the absence of such history for the petitioner warrants favorable consideration.
Result: Petition for bail is granted.
| Table of Content |
|---|
| 1. court's observations on the application for bail. (Para 1 , 6) |
| 2. factual background regarding the arrest and bail application. (Para 3 , 4 , 5) |
| 3. final order for granting bail and its conditions. (Para 7 , 8 , 9) |
ORAL ORDER
Accused No.2 in Crime No.39/2025 registered by Hassan City Police Station, Hassan Distrct, for offences punishable under Section 8 (C), 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and Section 112 of BNS, 2023 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.39/2025 was registered by Hassan City Police Station, Hassan Distrct, for the aforesaid offences against Fazlu Ahmed and 4 others, based on the first information dated 26.03.2025 received from Mohan Krishna P, police officer attached to Hassan City Police Station, Hassan Distrct.
4. During the course of investigation of the case, petitioner was arrested on 26.03.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against five persons and petitioner is arraigned as accused No.2 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected. Therefore, petitioner is before this Court.
5. Learned Counsel for the petitioner submits that except the petitioner, the other accused persons have been enlarged on bail by the Jurisdictional Sessions Court in the present case. She submits that petitioner has no other criminal antecedents. Accordingly, she prays to allow this petition.
6. Per contra, learned HCGP has opposed the petition.
7. FIR was registered in the present case based on the credible information received by the first informant on 26.03.2025 at about 4:00 p.m. that accused were attempting to sell the contraband article to the public and on receipt of such information, a raid was conducted to the alleged place were accused persons named in the FIR were attempting to sell the contraband article to the public and from the possession of accused No.1 contraband article allegedly MDMA totally weighing 54.79 grams was recovered, from the possession of accused No.2 contraband article allegedly MDMA 10.87 grams was recovered, from possession of accused No.3 contraband article allegedly MDMA 8 grams was recovered and from the possession of accused Nos.4 and 5 contraband article allegedly MDMA totally weighing 8.08 grams and 10.49 grams was recovered and the aforesaid seized contraband article were subjected to panchanama. All the five accused persons were arrested on 26.03.2025 and subsequently remanded to judicial custody.
8. Investigation of the case is completed and charge sheet has been filed against the arrested accused persons for the aforesaid offences. Seized contraband article has now tested positive to a drug known as methamphetamine. So far as petitioner is concerned, from his possession 10.87 grams of contraband article was seized and 10.87 grams of methamphetamine is considered as intermediate quantity under the relevant notification issued under the provisions of the NDPS Act.
9. Undisputedly, petitioner has no other criminal antecedents. Accused No.1 and accused Nos.3 to 5 who were arrested along with the petitioner are said to have been enlarged on bail by the Jurisdictional Sessions Court. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
ORDER
The petition isallowed The petitioner is directed to be enlarged on bail in Crime No.39/2025 registered by Hassan City Police Station, Hassan Distrct, for offences punishable under Section 8 (C), 22(C) of the NDPS Act and Section 112 of BNS, 2023 , subject to the following conditions:
