CRL.P/3623/2026 of SRI. SHAHID A M Vs UNION OF INDIA on 29 May 2026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF MAY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH

CRIMINAL PETITION NO. 3623 OF 2026

(439(Cr.PC)/483(BNSS))

BETWEEN:

SRI. SHAHID A M,

S/O AHAMMED KUTTY ARIPPATTA MANNIL,

AGED ABOUT 27 YEARS,

R/OF: C-21, EMERALD ENCLAVE,

HEBBAL INDUSTRIAL ESTATE,

VTC, INFOSYS CAMPUS,

SUB DISTRICT, MYSORE,

KARNATAKA- 570 027.

P/R AT SHANTHIMAHAL THRIKKALAYOUR,

KIZHUPORAMBA, ARAKODE,

MALAPPURAM,

KERALA - 673 639.

…PETITIONER

(BY SMT. BINU M., ADVOCATE)

Digitally

signed by

SUSHMA

LAKSHMI B

S

Location:

High Court

of

Karnataka

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AND:

UNION OF INDIA

NARCOTICS CONTROL BUREAU

BANGALORE,

REPRESENTED BY SPP,

HIGH COURT OF KARNATAKA,

BENGALURU - 560 001.

…RESPONDENT

(BY SMT. SHRIDEVI BHOSALE MARUTI, ASG)

----

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

BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

SPL.C.C.NO.2297/2025,

ARISING

OUT

OF

NCB.F.NO.

48/1/18/2025/BZU, PENDING BEFORE THE LEARNED XXXIII

ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE

(NDPS), BENGALURU, CCH-33, AGAINST THE PETITIONER FOR

THE OFFENCE P/U/S 8(c) R/W 20(b)(ii)(c), 23(c), 28 AND 29

OF THE NDPS ACT, 1985 AND ETC.,

THIS CRIMINAL PETITION HAVING BEEN HEARD AND

RESERVED

ON

28.04.2026,

COMING

ON

FOR

PRONOUNCEMENT OF JUDGMENT, THIS DAY, THE COURT

MADE THE FOLLOWING:-

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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CAV ORDER

1.

The petitioner / accused No.5 is before this Court seeking regular bail in Spl.C.C.No.2297/2025 pending before the learned XXXIII Addl. City Civil and Sessions Judge & Spl.

Judge (NDPS), Bengaluru (CCH-33), arising out of NCB

Crime No.NCB.F.No.48/1/18/2025/BZU registered by the respondent - Narcotics Control Bureau (for short, ‘NCB’)

for the offences punishable under Section 8(c) r/w Sections 20(b)(ii)(c), 23(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’).

Brief facts of the case:

2.

The case of the prosecution is that, on 02.05.2025, the complainant had received information that three persons traveling from Bangkok (Thailand) to Bengaluru by Thai Airways, were suspected to be carrying ganja in their luggage, which was to be delivered to accused Nos.3 and

4. The said information was reduced into writing in NCB

Form No.1 and reached the Terminal-2 Arrival at KIA

Airport, Bengaluru, along with NCB officials and also two

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independent witnesses. The NCB Team intercepted all five persons and enquired the said persons and also checked their luggage. From the baggage of A1 and A2, 16 Kgs., of ganja was recovered. From the baggage of A5, 4.5 Kgs., of ganja was seized. In total, 20.5 Kgs. of ganja was seized and panchanama was prepared before two independent witnesses on 03.05.2025.

The

investigation is under progress.

3.

Heard Smt. Binu M., learned counsel for the petitioner and Smt. Shridevi Bhosale Maruti, learned Central Government Standing Counsel for respondent.

4.

The submission of learned counsel for the petitioner is that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case.

5.

It is further submitted that, as per the seizure panchanama, NCB has seized ganja weighing 4.5 kgs., which is considered as an intermediate quantity. The process of conducting search, as stipulated under the NDPS Act, was not followed. Under such circumstances, it

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is not appropriate to allow the petitioner to languish in judicial custody. Therefore, he may be enlarged on bail by imposing suitable conditions. He will abide by the conditions to be imposed in the event of his release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition.

6.

Per contra, learned Central Government Standing Counsel / Spl. Counsel for respondent - NCB vehemently submitted that the petitioner was carrying contraband. In total, 20.5 Kgs., of ganja was seized from the accused.

Since all the accused are co-related, the seized ganja can be considered as a commercial quantity. Moreover, the petitioner and others are involved in international smuggling of contraband. Therefore, it may not be appropriate to grant him bail. Making such submissions, the learned Spl. Counsel for the respondent - NCB prays to reject the petition.

7.

Heard the learned counsels for the respective parties and perused the averments of the complaint which would indicate that the petitioner was traveling from Bangkok

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(Thailand) to Bengaluru. It is alleged that, three persons were carrying 20.5 Kgs. of Hydroponic weed (ganja). No doubt, it is considered a commercial quantity. However, only 4.5 Kgs., of ganja is alleged to have been carried by the petitioner and it is his first offence and he is not a habitual offender. The seized ganja can be considered as intermediate quantity. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions that would take care of the apprehension of prosecution.

8.

Hence, I proceed to pass the following:-