Abdul Habib Alias Habib Vs the State of Karnataka

ABDUL HABIB ALIAS HABIB S/O ABDUL BABA JANUARY AGED ABOUT 32 YEARS R/AT. NO. 15, OPP. KARNATAKA STEEL SHOP, 1ST MAIN ROAD VIDYARANYAPURA MAIN ROAD M.S.PALYA, VIDYARANAPURA POST YELAHANKA NEW TOWN BANGALORE - 560 064.

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…PETITIONER

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(BY SRI PRASANNA KUMAR P DAROJI, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY YALAHANKA NEW TOWN POLICE STATION, BANGLAORE 560 064, REP. BY STATE PUBLIC PROSECUTOR, AMBEDKAR VEEDI HIGH COURT BUILDING BANGALORE - 560 001.

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…RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT THE REGULAR BAIL IN SPL.C.CNO.2597/2024 WHICH IS PENDING BEFORE THE XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, (NDPS)(CCH-35), BANGALORE, FOR THE OFFENCES P/U/S 20(B)(ii)(C), 8(C) OF THE NDPS ACT, IN CRIME NO.297/2024, YELAHANKA POLICE STATION.

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

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NC: 2025:KHC:9594 CRL.P No. 2146 of 2025

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Spl.C.C.No.2597/2024 pending before the

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Court of XXXIV Addl. City Civil & Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.297/2024 registered by Yelahanka New Town Police Station, Bengaluru City for the offences punishable under Sections 8(c) & 20(b)(ii)(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 is before this Court seeking regular bail.

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Heard the learned counsel appearing for the

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parties.

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FIR in Crime No.297/2024 was registered by

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New Yalahanka New Town Police Station, Bengaluru city initially for the offences punishable under Sections 20(b)(ii)(C) of the NDPS Act against the petitioner herein and three others, on the basis of first information dated 10.06.2024 received from Sri Basavaraju Lamani, Police officer, attached to Yelahanka New Town Police Station.

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NC: 2025:KHC:9594 CRL.P No. 2146 of 2025

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During the course of investigation of the case, the petitioner herein was arrested on 06.10.2024 and subsequently remanded to judicial custody. Investigation of the case is complete and charge sheet has been filed against 7 accused persons for the aforesaid offences.

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The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.11865/2024 was dismissed on 15.01.2025. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that the petitioner has no criminal antecedents. The only allegation against him is that at his instance the seized contraband articles were stored by accused Nos.2 to 4 from the place where it was seized. He submits that except the confession statement of accused Nos.2 to 4 who were apprehended at the spot there is no other material to connect the petitioner to crime. Accordingly, he prays to allow the petition.

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4 - NC: 2025:KHC:9594 CRL.P No. 2146 of 2025

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Per contra, learned HCGP has seriously opposed

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the petition. He submits that contraband articles seized from the petitioner is of commercial quantity and therefore in view of the rigor under Section 37(1)(b) of the NDPS Act, the prayer made by the petitioner needs to be rejected.

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Perusal of the material on record would go to show that based on credible information received by the first informant that accused Nos.1 to 4 named in the FIR had stored contraband articles in the house of accused No.1 for the purpose of sale to the public, FIR was registered against accused Nos.1 to 4 and thereafter a raid was conducted to the alleged premises where the contraband article ganja was seized.

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During the course of raid, accused Nos.2 to 4 who were present near the premises were apprehended and the police had seized the contraband article allegedly ganja totally weighing 32 kgs. The seized contraband article was subjected to panchanama and thereafter

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NC: 2025:KHC:9594 CRL.P No. 2146 of 2025

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apprehended accused were arrested and remanded to judicial custody.

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It appears that arrested accused have

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confessed that they along with accused No.1 had stored contraband articles in the premises in question at the instance of the petitioner. Undisputedly, except the confession statement of co-accused there is no other material to connect the petitioner to the crime. It is also not in dispute that the petitioner has no other criminal antecedents. He is in custody from 06.10.2024. Investigation of the case is complete and charge sheet has been filed. Since there is no seizure from the possession of the petitioner, the rigor under Section 37(1)(b) of the NDPS Act cannot be made strictly applicable to the petitioner.

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Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

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NC: 2025:KHC:9594 CRL.P No. 2146 of 2025

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Accordingly, the following:

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ORDER

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The petitioner is directed to be enlarged on bail in Spl.C.C.No.2597/2024 pending before the Court of XXXIV Addl. City Civil & Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of Crime No.297/2024 registered by Yelahanka New Town Police Station, Bengaluru City for the offences punishable under Sections 8(c) & 20(b)(ii)(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985, subject to the following conditions:

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a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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Sd /- (S VISHWAJITH SHETTY) JUDGE

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NMS

Abdul Habib Alias Habib v. the State of Karnataka

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Abdul Habib Alias Habib v. the State of Karnataka

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