ABDUL MAJID v. THE STATE OF KARNATAKA, THROUGH BELAGAVI CEN POLICE STATION, NOW
Case at a glance
- Bench
- S VISHWAJITH SHETTY
Outcome
Allowed
Criminal Petition is allowed
Provisions considered
Key paragraphs
- Para 44. The seized contraband article in the present case, from the possession of the petitioner, is 2 kg 16 grams, which has to be considered as intermediate quantity. It is not the case of the prosecution that petitioner has any other criminal antecedent as against…
Judgment
(BY SRI. PRASHANT K. MATHAPATI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH BELAGAVI CEN POLICE STATION, NOW REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580 001. (BY SMT. KIRTILATA R. PATIL, HCGP) … PETITIONER … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.5 ALLEGED IN CHARGE SHEET IN CRIME NO.55/2025 REGISTERED BY THE RESPONDENT BELAGAVI CITY CEN P S FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 20(B), (II) (B) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT. 1985 (NDPS), PENDING BEFORE THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:12160 CRL.P No. 103655 of 2025 HC-KAR (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) ORAL ORDER
Accused No.5 in Crime No. 55 of 2025, registered by Belagavi CEN Police Station, Belagavi, for offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Subsances Act, 1985, is before this Court in this petition filed under Section 483 of the BNSS 2023 seeking regular bail.
Heard learned counsel for the parties. FIR in Crime No.55 of 2025 was registered by Belagavi CEN Police Station, Belagavi for the aforesaid offence against Tajib Abdul Razak and 3 others based on the first information dated 29.06.2025 received from Manjunath Hulkund, Police Officer attached to Belagavi CEN Police Station, Belagavi. The accused named in the FIR, during the course of investigation, appears to have stated that they had purchased the contraband article ganja totally weighing 5 kg 652 grams from the petitioner herein at Mumbai and therefore a raid was conducted to the house of - 3 - NC: 2025:KHC-D:12160 CRL.P No. 103655 of 2025 HC-KAR the petitioner at Mumbai on 20.07.2025 and from his house, contraband article allegedly ganja, totally weighing 2 kg 16 grams was seized and subjected to panchanama. The petitioner was arrested in the present case on 21.07.2025 and remanded to judicial custody. Accused Nos.1 and 2 have been granted regular bail in the present case in Criminal Petition No.103178 of 2025 and Criminal Petition No.103268 of 2025, disposed off on 29.08.2025.
Operative part
The seized contraband article in the present case, from the possession of the petitioner, is 2 kg 16 grams, which has to be considered as intermediate quantity. It is not the case of the prosecution that petitioner has any other criminal antecedent as against him. Petitioner, aged 60 years, is in custody in the present case from 21.07.2025. It is submitted that after completing investigation charge sheet has been filed against accused Nos.1, 2 and 5 the present case. Under circumstances, I am of the opinion that the prayer made by - 4 - NC: 2025:KHC-D:12160 CRL.P No. 103655 of 2025 HC-KAR the petitioner for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: i. ii. ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No. 55 of 2025, registered by Belagavi CEN Police Station, Belagavi, for offence punishable under Section 20(b)(ii)(B) the Narcotic Drugs and Psychotropic Subsances Act, 1985, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the like sum to the satisfaction of the jurisdictional Court; 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; HC-KAR - 5 - NC: 2025:KHC-D:12160 CRL.P No. 103655 of 2025 c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 29
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Criminal Petition is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483; Narcotic Drugs and Psychotropic Substances Act, 1985; Narcotic Drugs and Psychotropic Subsances Act, 1985 — s. 20(b)(ii)(B).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.