Karnataka High Court
Syed Riyaz @ Chapper Riyaz A1 vs The State Of Karnataka on 17 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:9618
CRL.P No. 17296 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17296 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
SYED RIYAZ @ CHAPPER RIYAZ, A1
S/O KAMAR PASHA,
AGED ABOUT 41 YEARS,
NO.77, 4TH MAIN ROAD,
NEAR UMER FAROOQ MASJID,
BYRASANDRA, 1ST BLOCK, JAYANAGAR,
BANGALORE - 560 041.
...PETITIONER
(BY SRI. M. ABDUL SALAM, ADVOCATE FOR
SMT.SHANTHALADEVI B.R., ADVOCATE)
AND:
THE STATE OF KARNATAKA
THE STATE REP. BY THE INSPECTOR OF POLICE,
Digitally signed by
LAKSHMINARAYANA KUMARSWAMY LAYOUT POLICE STATION,
MURTHY RAJASHRI BANGALORE - 560 078,
Location: HIGH
COURT OF REP. BY THE STATE PUBLIC PROSECUTOR,
KARNATAKA HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI. MOHD. AYUB ALIL, ADDITIONAL SPP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C
(UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE
PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.242/2025
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NC: 2026:KHC:9618
CRL.P No. 17296 of 2025
HC-KAR
REGISTERED BY KUMARASWAMY LAYOUT POLICE STATION,
FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(b)(ii)(C)
OF NDPS ACT, PENDING BEFORE XXX ADDITIONAL CHIEF
JUDICIAL MAGISTRATE AT BENGALURU.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.242/2025 of Kumaraswamy Layout Police Station registered for offence punishable under Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act.
2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State.
3. Learned counsel for petitioner would contend that, the contraband has been seized from the car and it is of 23 kgs. Initially, complaint has been lodged by the -3- NC: 2026:KHC:9618 CRL.P No. 17296 of 2025 HC-KAR Police Head Constable and case has been registered on that basis. Thereafter during raid, the petitioner and another were found in the car which contains ganja. The first informant and the Investigation Officer cannot be the same. The Police have taken the petitioner to Police custody for investigation. The petitioner is in judicial custody since last six (6) months. The petitioner is having six (6) children. He is only involved in one case in the same Police Station i.e., in Crime No.111/2025 wherein he has been arrayed as accused No.4 and in the charge sheet he has been shown as absconding. With these, he prayed to allow the petition.
4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the quantity of ganja seized is 23 kgs. 170 grams and it is a commercial quantity. Therefore, rigor under Section 37 of NDPS Act is attracted. The car in which the contraband has been seized is owned by the petitioner. The petitioner is involved other three (3) cases which are as under: -4-
NC: 2026:KHC:9618 CRL.P No. 17296 of 2025 HC-KAR
i) Crime No.204/2022 of Tilaknagar Police Station.
ii) Crime No.22/2023 of Seshadripuram Police Station.
iii) Crime No.101/2025 of Kumaraswamy Police Station.
The petitioner is in the habit of committing similar offence. If the petitioner is granted bail, there are chances of he repeating the similar offence. With these, he prayed for dismissal of the petition.
5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint, mahazar and other materials placed on record.
6. The petitioner and another were found in the car which contained contraband. The contraband seized from the car is 23 kgs. 170 grams of ganja. The said quantity seized is a commercial quantity. Therefore, rigor under Section 37 of NDPS Act is attracted. The petitioner -5- NC: 2026:KHC:9618 CRL.P No. 17296 of 2025 HC-KAR is having criminal antecedents and involved in three (3) cases, which are as under:
i) Crime No.204/2022 of Tilaknagar Police Station.
ii) Crime No.22/2023 of Seshadripuram Police Station.
iii) Crime No.101/2025 of Kumaraswamy Police Station.
The car in which the contraband has been seized is owned by the petitioner. The offence alleged against the petitioner is provided with punishment of imprisonment which may extend to twenty (20) years. At this stage, there are no grounds to say that the petitioner is not involved in commission of offence under NDPS Act. If the petitioner is granted bail, there are chances of he committing similar offence.
7. The Hon'ble Apex Court in the case of ANKUSH VIPAN KAPOOR vs. NATIONAL INVESTIGATION -6- NC: 2026:KHC:9618 CRL.P No. 17296 of 2025 HC-KAR AGENCY reported in (2025) 5 SCC 155, has observed as under:
"86. The ills of drug abuse seem to be shadowing the length and breadth of our country with the Central and every State Government fighting against the menace of substance abuse. The debilitating impact of drug trade and drug abuse is an immediate and serious concern for India. As the globe grapples with the menace of escalating Substance Use Disorders ("SUD") and an ever accessible drug market, the consequences leave a generational imprint on public health and even national security. Article 47 of the Constitution makes it a duty of the State to regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. The State has a responsibility to address the root causes of this predicament and develop effective intervention strategies to -7- NC: 2026:KHC:9618 CRL.P No. 17296 of 2025 HC-KAR ensure that India's younger population, which is particularly vulnerable to substance abuse, is protected and saved from such menace. This is particularly because substance abuse is linked to social problems and can contribute to child maltreatment, spousal violence, and even property crime in a family."
8. Considering all the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the Criminal Petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 47