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Judgment
Mohammad Nawaz, J
Heard the learned counsel for petitioners, learned HCGP for the State and perused the material on record.
FIR in Crime No. 143 of 2025 of Mangalore South Police Station is registered against two named accused and others for the offence punishable under Sections 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act").
In the remand application, petitioners are arraigned as accused Nos. 4, 5 and 6 respectively. They are arrested on 14.07.2025 and in judicial custody since then.
A suo-moto complaint is lodged by the police attached to Mangalore South Police Station, Mangalore City, wherein it is alleged that on a credible information that accused by name Rahul, Sangeeth Krishna and others have procured MDMA and they are attempting to sell it to the public near Bhagath Singh road, Mangaluru, on 14.07.2025 at about 9.00 a.m., the police went to the spot along with panchas and noticed about nine persons in 2 cars and 2 two wheelers. One of them escaped whereas, rest were apprehended.
As per mahazar, 5.80 grams, 4.24 grams, 2.31 grams of MDMA in 3 small plastic covers were recovered from accused No.1 and 7.78 grams, 2.00 grams, and 2.07 grams of MDMA in 3 small plastic covers were recovered from accused No. 2. It is submitted that as per FSL report, the substance seized responded negative for MDMA, but positive for methamphetamine.
Admittedly, there is no recovery of any contraband from the petitioners, as per remand application. However, it is contended by the learned HCGP that all the accused were together and therefore these petitioners were in conscious possession of the contraband.
Merely because, the petitioners were also present along with accused Nos. 1 and 2, who were found in possession of the contraband, that itself is not a ground at this stage to hold that they were in conscious possession of the contraband. Petitioners are said to be students. As there is no recovery of any banned substance / contraband from the petitioners, there are reasonable grounds to believe that they are not guilty of the offence, at this stage. Similarly placed accused No.8 has been granted bail by this Court in Criminal Petition No.12353 of 2025 dated 10.09.2025. Considering that petitioners are residents of neighbouring state, they may be directed to furnish local sureties, to ensure their presence before the Trial Court.
In the above facts and circumstances, imposing necessary conditions, petitioners can be admitted to bail. Hence, the following:
ORDER
i. Petition is allowed.
ii. Petitioners / accused Nos.4, 5 and 6 in Crime No.143 of 2025 of Mangalore South Police Station, Mangalore, shall be enlarged on bail subject to the following conditions:
(a) They shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with two sureties, out of which, one shall be a local surety, to the satisfaction of the jurisdictional Court.
(b) They shall furnish their residential address and shall inform the Court, if there is change in the address.
(c) They shall not directly or indirectly tamper with the prosecution witnesses.
(d) They shall be available for investigation, whenever required.
(e) They shall not indulge themselves in committing any offence.
(f) They shall appear before the trial Court regularly on all dates of hearing.
Violation of condition/s shall result in cancellation of bail.