Sri Yasir Khan vs The State By Hassan Extension Police Station, Hassan

Accused no.2 in Crime No.200/2026 registered by Hassan Extension Police Station, Hassan, for the offence punishable under Section 22(C) of the NDPS Act, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

Heard the learned Counsel for the parties.

FIR in Crime No.200/2026 was registered by Hassan Extension Police Station, for the aforesaid offences against one Yunas and the petitioner herein based on the first information dated 16.07.2026 received from Vinay Kumar, Police Officer attached to Hassan Extension Police Station. During the course of investigation of the said case, petitioner was arrested on 16.07.2026 and remanded to judicial custody. His bail application filed before the Trial Court in Crime No.154/2026 was rejected on 30.07.2026. Therefore, petitioner is before this Court.

FIR in the present case was registered against accused nos.1 & 2 based on the credible information received by the first informant to the effect that accused nos.1 & 2 who were at the spot of crime in car bearing registration No.KA-46-M-2591, were making attempts to sell contraband article MDMA weighing 10 grams to the public. In the raid that was held to the alleged spot, subsequently, accused nos.1 & 2 were apprehended and contraband article allegedly MDMA weighing 5 grams was recovered and seized under the panchanama. During the course of investigation, accused nos.1 & 2 were arrested. In the confession statement of accused no.1, he has stated that he had totally purchased 20 grams of MDMA and out of the same, he had brought 5 grams of MDMA in the car for the purpose of handing over the same to accused no.2 who had paid him a sum of Rs.1,000/-. He has also stated that the remaining contraband article was kept in his house. It is under these circumstances, a further raid was held to the house of accused no.1 and contraband article allegedly MDMA totally weighing 13 grams was further seized from the house of accused no.1 at his instance.

From the aforesaid, it is apparent that there was no recovery of any contraband article from the possession of accused no.2 in the present case. The allegation against him is that he had approached accused no.1 for the purpose of purchasing the aforesaid contraband article. It is also not in 0dispute that petitioner has no other criminal antecedents. Accused no.1 is arrested and remanded to judicial custody in the present case. In view of the aforesaid, the rigor under Section 37(1)(b) of the NDPS Act, cannot be made applicable against the petitioner. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:

The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.200/2026 registered by Hassan Extension Police Station, Hassan, for the offences punishable under Section 22(C) of the NDPS Act, subject to the following conditions: