Abdul Rehaman vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by accused No. 5 under Section 483 of BNSS praying to grant bail in Crime No. 69/2025 of Kundapura Police Station registered for offence under Sections 8(c), 21(c), 22(c) and 29 of NDPS Act.

Heard learned counsel for petitioner and learned HCGP for respondent - State.

Learned counsel for petitioner would contend that petitioner has not been arraigned as an accused in the FIR. After arrest there was a personal search of the petitioner and nothing was recovered and his voluntary statement has been recorded. Pursuant to the voluntary statement of the petitioner, 9 packets of MDMA have been seized from his house. Said quantity seized is more than small quantity and lesser than commercial quantity. Personal search of the petitioner has not been conducted in the presence of Gazetted Officer as required under Section 50 of NDPS Act. Out of four cases registered against the petitioner three are regarding consumption of narcotic drugs and one is possessing Ganja of intermediate quantity. With this, he prayed to allow the petition.

Per contra learned HCGP would contend that the petitioner is having criminal antecedents. Four crimes are registered against him. All the four cases are for offences under the NDPS Act. Petitioner is in the habit of involving in commission of offences under the NDPS Act. Based on the voluntary statement of petitioner, 9 packets containing MDMA, total weight of 5 gms have been seized. The voluntary statement of accused No. 1 indicates that he had sold 5 gms of MDMA to the petitioner. If the petitioner is granted bail there are chances of he committing similar offence. With this she prayed to reject the petition.

Having heard learned counsel for the parties the Court has perused the FIR, complaint and other materials placed on record.

A perusal of remand application would indicate that petitioner has been arrested on 11.06.2025 and on personal search nothing was recovered on his person. The voluntary statement of the petitioner has been recorded. Pursuant to the said voluntary statement 9 packets containing MDMA, kept in a steel cupboard, have been seized from the house of petitioner. Total weight of the said 9 packers is 4.39 gms. Total quantity seized is more than small quantity and lesser than commercial quantity. The offence alleged against the petitioner is punishable with imprisonment which may extend to 10 years. Petitioner is also involved in four crimes, out of them, three are for consumption of narcotic drugs and one for possessing Ganja of intermediate quantity. Considering the same it is clear that the petitioner is in the habit of consuming narcotic drugs and dealing in drugs.

Considering the above aspects, petitioner has not made out any grounds for grant of bail.

In the result, petition is dismissed.