Mohammed Saif @ Saif Vs State of Karnataka

BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT BAIL TO THE PETITIONER WHO IS ARRAYED AS ACCUSED NO.3 IN CRIME NO.15/2026 REGISTERED BY THE RESPONDENT HEBBAL POLICE NOW PENDING ON THE FILE OF THE XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) (CCH-35) BENGALURU FOR THE OFFENCES P/U/S 22(b) OF NDPS ACT.

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

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2026:KHC:19640 CRL.P No. 3438 of 2026

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HC-KAR

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ORAL ORDER

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The petitioner/accused No.3 is before this Court seeking grant of regular bail in Crime No.15/2026 of the respondent police for the offence under Section 22(b) of Narcotic Drugs and Psychotropic Substances Act, 1985.

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Brief facts of the case :

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The case of the prosecution is that the Assistant

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Sub-Inspector of Police had lodged a complaint stating that on 20.01.2026, around 02.15 pm, when he was on patrolling duty, he received an information that three persons were selling MDMA substances in their two-wheelers to the public and youth near Vinayaka Agroseeds, V.Nagenahalli Main Road. On receiving the said information, the complainant and his staff went to the spot and observed that these three persons were selling contraband. Immediately, they apprehended them, conducted a search and seized the contraband. They registered the case and conducted the investigation. The investigation is in progress.

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NC: 2026:KHC:19640 CRL.P No. 3438 of 2026

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HC-KAR

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Heard Sri. Lokesh A., learned counsel for the

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petitioner, and Ms Asma Kouser, learned Additional State Public Prosecutor for the respondent-State.

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It is the submission of learned counsel for the petitioner that the petitioner is arraigned as accused No.3. It is alleged that 3 grams of MDMA has been seized at his instance. However, the said substance, whether it is MDMA or not, has not been concluded or determined by way of getting the report from the FSL. The allegations are baseless and false. In fact, he was not present at the spot. The petitioner has been falsely implicated in this case, and there are no criminal antecedents against the petitioner. Petitioner is aged about 22 years and a resident of R.T.Nagar, Bengaluru, and he is the earning member of the family. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such a submission, the learned Counsel for the petitioner prays to allow the petition.

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Per contra , learned Additional State Public Prosecutor for the respondent State vehemently submitted that a total of 21 grams of MDMA has been seized from the accused,

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5 - NC: 2026:KHC:19640 CRL.P No. 3438 of 2026

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HC-KAR

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which is a commercial quantity. The petitioner is arraigned as accused No.3, and he is also one of the associates of the said group. 3 grams of MDMA has been seized from the petitioner. If the petitioner is enlarged on bail, there may be chances of committing similar offences. Therefore, it is not appropriate to grant him bail. Making such a submission, the learned High Court Government Pleader prays to reject the petition.

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Heard learned counsel for the respective parties and perused the averments of the complaint and also the remand application filed along with the petition. It appears that the petitioner is arraigned as accused No.3. In all 21 grams of MDMA was seized in this case. However, as per the specific overt act of the petitioner is that only 3 grams of MDMA has been seized from him.

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Be that as it may. The petitioner has no antecedents. Having considered the age and also that he had no antecedents, it is appropriate to grant him bail by imposing suitable conditions that would take care of the prosecution.

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