MANOJ ZAGREE v. STATE OF KARNATAKA

Digitally signed by LAKSHMI T Location: High Court of Karnataka (BY SRI. MANU B S., ADVOCATE) AND: …PETITIONER STATE OF KARNATAKA BY COMMERCIAL STREET POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BANGALORE -560 001 (BY SRI. RANGASWAMY R., HCGP) …RESPONDENT - 2 - NC: 2025:KHC:7027 CRL.P No. 12799 of 2024 THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CR.NO.164/2024, FOR THE OFFENCE P/U/S 20(B) OF NDPS ACT, OF RESPONDENT COMMERCIAL STREET P.S., PENDING ON THE FILE OF HONBLE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE (NDPS) BENGALURU (CCH- 33). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned counsel for petitioner is absent.

When the case was listed on 10.01.2025 and

21.01.2025, there was no representation for the petitioner and even today there is no representation.

Crime No.164/2024 of Commercial Street Police Station, Bengaluru City was registered for an offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS') on a - 3 - NC: 2025:KHC:7027 CRL.P No. 12799 of 2024 suo-motu complaint lodged by the PSI of the said Police Station.

It the case of prosecution that on

24.10.2024, at about 05:00 p.m., a credible information was received by the complainant that 4 persons are trying to sell Charas near Sharif Mutton Stall, Nala road, Shivajinagar, Bengaluru.

After registering case, complainant obtained permission from his higher officer to conduct a raid and went to the spot along with panchas and his staff and apprehended 4 persons. On enquiry they revealed their names and addresses. They were in possession of 2kgs 100 grams of Charas, 14 plastic zip lock covers, cash of Rs.3,000/-. The said articles along with a two wheeler bearing reg. No.KA-51 JB-8892 were seized in the presence of panchas drawing a detailed panchanama.

Learned High Court Government Pleader has filed statement of objections along with the FSL report. He has contended that a commercial quantity of Charas has - 4 - NC: 2025:KHC:7027 CRL.P No. 12799 of 2024 been seized from the accused and there is a prima-facie case and in view of the bar under Section 37 of the NDPS Act, petitioner is not entitled for bail.

There are material at this stage showing a prima-facie case against the petitioner. Further, learned High Court Government Pleader has submitted that charge sheet is yet to be filed. Hence, petitioner is not entitled for bail.

Petitioner had approached the Sessions Court during crime stage. Hence, liberty is reserved to the petitioner to approach the Sessions Court once the charge sheet is filed. With the said observation, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 18 CT:SNN