Irfan Khan Vs the State of Karnataka

CR.NO.109/2025 REGISTERED BY SANJAY NAGAR P.S., PENDING ON THE FILE OF VIII ACJM, BENGALURU, FOR THE OFFENCES P/U/S 22(C), 20(B)(II)(B), 8(C) OF NDPS ACT.

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THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard learned counsel for the petitioner, learned

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High Court Government Pleader for respondent-State and perused the materials on record.

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FIR in Cr.No.109/2025 of Sanjay Nagar Police Station is registered against accused Nos.1 and 2 for the offence punishable under Sections 22(c), 20(b)(ii)(B) and 8(c) the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

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It is the case of prosecution that on 20.06.2025 at about 04.10 p.m., when the PSI of Sanjay Nagar Police Station was on a patrolling duty, received a credible information that two persons are trying to sell ganja to the

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HC-KAR

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public near KMF Hostel, RMV 2^nd State, Bhupasandra. The information received was passed on to the higher-ups and after taking permission, the complainant along with panchas went to the spot and apprehended accused Nos.1 and 2. It is alleged that from accused No.1- 2 kg 90 grams

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of Ganja, 30 grams of MDMA crystal, AEKS 100 weighing machine, Blue colour bag and from accused No.2 - 2 kg 90 grams of ganja, 18 zip lock covers each containing 10 to 15 grams of ganja totally weighing 170 grams of ganja, a black colour bag and a motorcycle was seized.

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It is the case of prosecution that both the

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accused bought ganja and MDMA crystals at Yeshwanthpur railway station, from a person from Kerala and they are involved in selling the contraband to the general public.

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The learned HCGP contended that both the accused are apprehended together, the contraband seized i.e., MDMA is a commercial quantity and therefore, the petitioner is not entitled for bail.

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HC-KAR

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6. It is contended by the learned counsel for the

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petitioner-accused No.2 that even accepting the case of prosecution that ganja was found in possession of the petitioner, it was not a commercial quantity and it cannot be said that the petitioner was in possession of commercial quantity of MDMA crystal, as the said contraband was exclusively found in the possession of accused No.1. He further contended that the petitioner has no criminal antecedents. He is a permanent resident of the address shown the in cause title, having deep roots. He is ready and willing to furnish adequate surety to ensure his regular presence before the Trial Court. Hence, sought to allow the petition.

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7. Both the accused were apprehended together.

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However, as per prosecution, petitioner was found in possession of ganja, in total 2 kgs 260 grams. It is not the case of the prosecution that he was found in possession of MDMA crystals as alleged against accused No.1. The

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HC-KAR

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knowledge of the petitioner about accused No.1 possessing MDMA crystals has to be established during trial. Ganja seized from the petitioner is not a commercial quantity. He has no criminal antecedents. He is not required for further interrogation. Hence, by imposing suitable conditions, petitioner can be enlarged on bail. Hence, the following:

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ORDER

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Petition is allowed .

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Petitioner / accused No.2 in Cr.No.109/2025

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registered by Sanjay Nagar Police Station, pending before the learned VIII Addl.Chief Judicial Magistrate, Bengaluru, shall be released on bail subject to following conditions:

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a) Petitioner shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for likesum to the satisfaction of the jurisdictional Court;

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b) He shall not indulge himself in committing any offence.

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NC: 2025:KHC:35998 CRL.P No. 11014 of 2025

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