IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 10862 OF 2025 BETWEEN:

1. NISHAD BASHEER, S/O. BASHEER, AGED ABOUT 26 YEARS, RESIDING AT EDATHUMKUNNEL HOUSE, NADACHAL POST, ERATAPETTA, KOTTIYAM, KERALA-686 121.

…PETITIONER (BY SRI. ISMAIL MUNEEB MUSBA., ADVOCATE)

AND:

1. THE SUPERINTENDENT OF CUSTOMS AIR INTELLIGENCE UNIT, KIA, DEVANAHALLI, BENGALURU, (BY SPL.PUBLIC PROSECUTOR)

…RESPONDENT (BY SRI UNNIKRISHNAN M, ADVOCATE)

Digitally signed by THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE LAKSHMINARAYANA MURTHY RAJAS HRI ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE Location: HIGH COURT MAY BE PLEASED TO ALLOW THE PETITION AND ENLARGE COURT OF THE PETITIONER ON BAIL OR NO.35/2025-2026 ARISING OUT OF KARNATAKA C.NO.VIII/48/35/2025-26 AIU D CUS OF SUPERINTENDENT OF CUSTOMS, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(c), 20(b)(ii)(C), 23(b), 29 OF NDPS ACT, 1985, PENDING ON THE FILE OF THE HONBLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS), AT BENGALURU (CCH-33).

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 Nagarika Suraksha Sanhita, 2023 praying to grant bail in OR No.35/2025-26 arising out of C No.VIII/48/35/2025- 26 AIU-`D' CUS of Superintendent of Customs registered for offences punishable under Section 8(c) read with Section 20(b)(ii)B, 23(b) and 29 of The Narcotic Drugs And Psychotropic Substances, Act, 1985.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. The learned counsel for the petitioner would contend that, the quantity of ganja seized from the petitioner is 3.740 kg, and it is not a commercial quantity, and it is less than commercial quantity, and more than small quantity. The petitioner has no criminal antecedent. Section 37 of NDPS Act does not apply as ganja seized is not of commercial quantity.

With this, he prayed to allow the petition.

4. Per contra, the learned counsel for the respondent would contend that, when the petitioner was traveling from Bangkok to Bangalore with a trolley bag, and on opening the said trolley bag, it contained ganja of 3 kg 740 grams, and the same has been seized in the presence of panchas under mazhar. He submits that the quantity seized is less than commercial quantity. The punishment provided for the offence alleged against the petitioner is extended upto ten years. The investigation is still in progress. If the petitioner is granted bail, there are chances of him hampering the investigation and tampering the prosecution witnesses. With this, he prayed for dismissal of the petition.

5. Having heard the learned counsel, the Court has perused the FIR, mahazar and other materials placed on record.

6. The petitioner is found in possession of 3 kg 740 grams of ganja chunks in his trolley bag, when he was traveling from Bangkok to Bangalore, the said a contraband has been seized under the mahazar. The FSL report indicates that, seized contraband is Ganja. The offence alleged against the petitioner is punishable with imprisonment which may extend to ten years. Investigation is in progress. If the petitioner is granted bail, there are chances of hampering investigation and tampering the prosecution witnesses and committing similar offence. The petitioner has not made out any grounds for grant of bail.

In the result, the following:

ORDER The petition is dismissed.

Sd/-

(SHIVASHANKAR AMARANNAVAR)

JUDGE BKM List No.: 1 Sl No.: 8