The State sought cancellation of regular bail granted to an accused in an NDPS case involving commercial quantity contraband. The High Court held prolonged custody of two and a half years with the trial still at charge-framing justified bail despite Section 37 rigors and criminal antecedents, and found no violation of bail conditions.
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NC: 2026:KHC:31167 CRL.P No. 13374 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13374 OF 2025
BETWEEN:
STATE OF KARNATAKA BY CYBER, ECONOMIC AND NARCOTICS CRIME POLICE STATION, DAKSHINA KANNADA DISTRICT, MANGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001.
…PETITIONER
(BY SMT. RASHMI JADHAV, ADDL. SPP)
AND:
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
RAMEEZ RAZ S/O HUSSAIN AGED ABOUT 33 YEARS RESIDING AT D.NO.2-392 THOUDUGOLI CROSS NARINGANA VILLAGE BANTWAL TALUK - 575 018 D.K. DISTRICT.
(BY SRI JINENDRA B, ADV.)
…RESPONDENT
THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) THAT TO CANCEL THE ORDER GRANTING BAIL TO RESPONDENT/ACCUSED VIDE ORDER DATED 15.03.2025, PASSED BY THE PRL.DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU IN SPECIAL CASE NO.150/2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
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ORAL ORDER
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framing of charges. Even on this date the case before Trial Court is in the same stage.
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Supreme court in the case of MOHD. MULSIM ALIAS HUSSAIN V. STATE (NCT OF DELHI) - 2023 SCC ONLINE
SC 352 wherein at paragraph nos.20 and 21 it has observed as follows:-
"20. A plain and literal interpretation of the conditions under Section 37 (i.e., that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively exclude grant of bail altogether, resulting in punitive detention and unsanctioned preventive detention as well. Therefore, the only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on record (whenever the bail application is made) that the accused is not guilty. Any other interpretation, would result in complete denial of the bail to a person accused of offences such as those enacted under Section 37 of the NDPS Act.
21. The standard to be considered therefore, is one, where the court would look at the material in a broad manner, and reasonably see whether the accused’s guilt may be proved. The judgments of this court have, therefore, emphasized that the satisfaction which courts are
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expected to record, i.e., that the accused may not be guilty, is only prima facie, based on a reasonable reading, which does not call for meticulous examination of the materials collected during investigation as held in Union of India v. Rattan Malik."
NC: 2026:KHC:31167 CRL.P No. 13374 of 2025
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violated any of the bail conditions, while granting regular bail to him in the present case. Hence, I do not find any good ground to cancel the regular bail granted to the respondent, which is questioned by the State before this Court in this petition.
Sd/(S VISHWAJITH SHETTY) JUDGE
List No.: 1 Sl No.: 35
NMS
1 issue framed by the court
Whether the regular bail granted to the respondent under Section 37 rigors of the NDPS Act after over two and a half years in custody, with trial at charge-framing stage, should be cancelled.
Colour shows how this judgement treated each authority
Chitta Biswas Alias Subhas vs. State of West BengalRelied on¶7
2020 SCC OnLine SC 1536 · Who else cites this
Nitish Adhikary alias Bapan vs. State of West BengalRelied on¶7
2022 SCC OnLine SC 2068 · Who else cites this
Mohd. Mulsim Alias Hussain v. State (NCT of Delhi)Relied on¶8
2023 SCC ONLINE SC 352 · Who else cites this
Prabhakar Tewari v. State of U.P and AnrRelied on¶10
(2020) 11 SCC 648 · Who else cites this
Union of India v. Rattan MalikReferred
3 provisions across 3 enactments
State of Karnataka by Cyber, Economic and Narcotics Crime Police Station, Dakshina Kannada District, Mangaluru
Rameez Raz S/o Hussain
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
