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NC: 2026:KHC:24755

CRL.P No. 7067 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF MAY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

CRIMINAL PETITION NO. 7067 OF 2026

BETWEEN:

1. SUMESH S

S/O LATE SURESH

AGED ABOUT 30 YEARS,

R/O CLAPPANA VILLAGE,

KARUNAGAPALLI TALUK,

KOLLAM DISTRICT,

KERALA STATE - 690457

…PETITIONER

(BY SRI. RAKSHITH R., ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY SOLDEVANAHALLI POLICE STATION

Digitally signed

by SUMA B N REP. BY SPP

Location: HIGH HIGH COURT OF KARNATAKA

COURT OF

BANGALORE-560001

KARNATAKA

…RESPONDENT

(BY SMT.WAHEEDA.H.M., HCGP)

THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS)

PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

CR.NO.242/2025 OF SOLADEVANAHALLI POLICE STATION

PENDING ON THE FILE OF VIII ADDL DISTRICT AND SESSIONS

JUDGE AND SPECIAL JUDGE FOR NDPS CASES, BENGALURU

RURAL DISTRICT, BENGALURU IN SPL.C.NO.918/2025 FOR THE

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NC: 2026:KHC:24755

CRL.P No. 7067 of 2026

HC-KAR

OFFENCES PUNISHABLE UNDER SECTION 8 (c), 22 (c) OF THE

NDPS ACT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

The petitioner - accused No.1 in Crime No.242/2025 for

the offences punishable under Sections 8(c) and 22(c) of the

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS

ACT) is before this Court seeking grant of bail.

2. The case of the prosecution is that on 11.07.2025

Police Sub-Inspector of Soladevanahalli, while on duty in the

Police Station, received a credible information from his

informant that within his jurisdiction unknown persons in a

white colour Swift Dzire car were selling prohibited contraband

MDMA to the students in public. Soon thereafter, he conducted

a raid after seeking permission from the Assistant

Commissioner of Police, Yeshwanthpura, in the presence of the

panchas and recovered 59 grams of MDMA and Rs.2,500/-

cash. Accused were arrested and chargesheet is filed. Accused

has been in custody since the date of his arrest on 11.07.2025.

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NC: 2026:KHC:24755

CRL.P No. 7067 of 2026

HC-KAR

3. Learned counsel for the petitioner submits;

(i) that there is a gross violation of mandatory

requirement envisaged under Section 42 of the NDPS

Act.

(ii) That nothing is placed on record either in the

complaint or in the mahazar or even in the

chargesheet regarding reducing the information into

writing as mandatory requirement.

(iii) That the alleged contraband substance has

been found to be in a plastic cover total weight of

which has been shown as '59 grams'. The

prosecution has not provided the actual weight of the

cover and the substance.

(iv) The test reports have revealed that the

contraband substance is 'Methamphetamine' the

commercial quantity of which is 50 grams.

(v) Though the alleged seizure was done on

11.07.2025, permission of the Magistrate was sought

to send the substance for Lab Test only on

18.07.2025 and the substance was dispatched on

19.07.2025 i.e., eight days after seizure.

(vi) that as per the Circular issued, the substance is

required to be dispatched within 72 hours for lab test

of drawing inventory.

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NC: 2026:KHC:24755

CRL.P No. 7067 of 2026

HC-KAR

Thus, there are series of statutory violation in the case of

the prosecution entitling grant of bail to the petitioner.

4. Learned High Court Government Pleader, though

seriously oppose grant of bail, unable to point out compliance

of Section 42 of the NDPS Act requiring reduction of the

information into writing before proceeding to conduct raid and

seizure of the contraband substance, so also with regard to

quantity and quality of the contraband substance.

5. Heard. Perused the records.

6. The facts narrated above do not require reiteration.

The alleged raid and seizure has taken place on 11.07.2025.

The mahazar document indicate the weight of the contraband

substance being 59 grams has been allegedly disclosed by the

accused themselves. The inventory conducted by respondent -

Police indicate quantity of the substance at the time of the

inventory at