Mr. Vinayak S/O Rama Charatkar Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, GRANT REGULAR BAIL TO THIS PETITIONER/ACCUSED NO.1 IN SHAHAPURA POLICE STATION CRIME NO.93/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 21(B) OF NDPS ACT WHICH IS PENDING BEFORE II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2025:KHC-D:14578 CRL.P No. 104183 of 2025

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HC-KAR

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDERS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

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The petitioner is arrayed as accused in Crime No.93/2025 registered by the respondent/Police for the offences punishable under Section 21(b) of Narcotic Drugs and Psychotropic Substances Act, 1985¹ .

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2. Factual matrix of the case ;

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The case of the prosecution is that, the complainant

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was working as a Police Officer stated to have received an information that, on 02.09.2025 at about 16:00 hours, he

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had received a incredible information that one person is coming in his Splendor bike without having number plate, near Mahatma Pule Road, Gokul Nagar to sell heroin.

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On receiving the said information, he reduced it

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into writing and forwarded the same to their official, after

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1 For short ‘NDPS, 2023’

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HC-KAR

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obtaining the permission to conduct raid, secured the Panchas and also staff went near the Mahatma Pule Road at Gokul Nagar at about 17:45 hours they were waiting at the place where he suppose to come. At about 18:35 hours, a person in a vehicle without having number plate was coming from the side of Mahatma Pule Road, the complainant and his team intercepted him and informed him that they were the Police officials and conducted search and seized the contraband in the presence of the Pancha witnesses. Thereafter, a case came to be registered in Crime No.93/2025 for the offences punishable under Section 21(b) of NDPS. The matter is under investigation.

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It is the submission of the learned counsel for the petitioner that, it is the first case registered against him and he has been falsely implicated in this case. In fact, the procedure which is required to be followed has not been followed. The inventory which was required to be followed under Section 52-A of the NDPS Act has not been followed.

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NC: 2025:KHC-D:14578 CRL.P No. 104183 of 2025

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HC-KAR

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Moreover, no FSL report is secured to demonstrate that it is heroin.

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It is further submitted that the petitioner is aged

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about 31 years and working as a coolie for his livelihood and he is the resident of Samarth Nagar, Belagavi and he will abide the conditions imposed by this Court. Making such submissions, he prays to allow the petition.

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Per contra , the learned High Court Government

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Pleader vehemently submitted that, the petitioner was apprehended and the contraband was seized in presence of the Panch witnesses, such being the fact, mere nonproduction of FSL report would not enure any benefit to the petitioner to get the relief as prayed. Therefore, the petition may be rejected.

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Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, prima facie the procedure required to be followed after conducting the

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HC-KAR

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search and seizure that is getting the inventory done, was not followed. Therefore, it is appropriate to grant bail by imposing suitable conditions.

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Hence, I proceed to pass the following;

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ORDER

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i) The Criminal Petition is allowed .

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ii) The petitioner is ordered to be enlarged on bail in Crime No.93/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with 1 surety for likesum to the satisfaction of the Trial Court, subject to the following conditions;

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a) The petitioner shall not involve in similar or in any other criminal cases till disposal of the present case.

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