[Cites 11, Cited by 0]
Karnataka High Court
Nagaraju @ Naga @ Kivuda vs State At The Instance Of Hanuru Police on 10 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 11472 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 11472 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
NAGARAJU @ NAGA @ KIVUDA
S/O. LATE MURUGESH,
AGED ABOUT 29 YEARS,
R/O. DANTALLI VILLAGE,
HANURU TALUK,
CHAMAJARANAGAR DISTRICT - 571 444.
...PETITIONER
(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)
AND:
STATE AT THE INSTANCE OF
HANURU POLICE,
CHAMARAJANAGARA DISTRICT - 571 439,
Digitally signed by
REP BY SPP.
LAKSHMINARAYANA
MURTHY RAJASHRI
...RESPONDENT
Location: HIGH
COURT OF
KARNATAKA
(BY SMT. WAHEEDA M.M., HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER
SECTION 483 BNSS) CR.P.C PRAYING TO ENLARGE THE
PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.123/2025
REGISTERED IN HANUR POLICE STATION AGAINST HIM FOR
THE OFFENCE PUNISHABLE UNDER SECTION 20(b)(ii)(B) OF
NDPS ACT ON THE FILE OF PRINCIPAL DISTRICT AND
SESSIONS COURT, CHAMARAJANAGAR.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 11472 of 2025
HC-KAR
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.123/2025 of Hanur Police
Station, registered for offences punishable under Sections
20(b)(ii)(B) of Narcotic Drugs and Psychotropic
Substances Act.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioner would contend
that, the petitioner was found carrying a bag in his hand
and it is alleged to have contained ganja and it has been
seized under mahazar. At the time of seizure of the said
bag, sample has been taken and it is against the
provisions of Section 52A of NDPS Act. As the petitioner
was holding the said bag and seizing the said bag amounts
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to personal search of the petitioner and it has not been
conducted in the presence of Gazetted Officer and there is
a violation of Section 50 of NDPS Act. As the quantity
seized is intermediate quantity, the rigor of Section 37 of
NDPS Act is not applicable. The offence alleged against the
petitioner is provided with a sentence of imprisonment
which may extend to ten (10) years. The petitioner is in
judicial custody since 09.06.2025 and as the charge sheet
is filed, the petitioner is not required for further custodial
interrogation. The petitioner is involved in another case as
accused No.2 and the quantity of ganja seized in the said
case is a small quantity and he has been granted bail in
said case. The petitioner is having two minor children who
are dependent on him.
4. On the points raised, the learned counsel for
petitioner has placed reliance on the following decisions:
1) SIMRANJIT SINGH vs. STATE OF
PUNJAB reported in 2023 SCC Online
SC 906.
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2) BOTHILAL vs. INTELLIGENCE
OFFICER NARCOTICS CONTROL
BUREAU reported in 2023 SCC Online
SC 498.
3) NAMDI FRANCIS NWAZOR vs. UNION
OF INDIA AND ANOTHER reported in
(1998) 8 SCC 534.
4) PRABHAKAR TEWARI vs. STATE OF
UTTAR PRADESH AND ANOTHER
reported in (2020) 11 SCC 648.
5) JUDGMENT PASSED IN CRIMINAL
PETITION NO.100624/2020 BY HIGH
COURT OF KARNATAKA, DHARWAD
BENCH ON 03.09.2020.
On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government
Pleader for respondent would contend that, the seized
contraband has been sent to FSL for examination and the
FSL report indicates that, the contraband seized is positive
for ganja. The quantity seized from the petitioner is
4.725 kgs of ganja and it is intermediate quantity. The
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offence alleged against the petitioner is punishable with
imprisonment which may extend to ten (10) years. The
charge sheet materials show that, there is a prima-facie
case against the petitioner for offences alleged against
him. The petitioner is having criminal antecedents and
involved in Crime No.97/2024 of Ramapura Police Station,
registered for offence under Section 20(b)(ii)(A) of NDPS
Act. The petitioner after grant of bail in the said case is
now committed offence involving the intermediate
quantity. In the earlier Crime No.97/2024, the quantity
ganja seized is a small quantity. Considering the said
aspect, if the petitioner is granted bail, he may involve in
commission of similar offence. With these, she prayed for
dismissal of the petition.
6. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
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7. As per charge sheet, the petitioner was found
possessing 4.725 kgs of ganja contained in a bag and he
was holding it. The said bag has been seized and sample
has been drawn under mahazar. Learned counsel for
petitioner would contend that, the drawing of sample at
the time of seizure is not in accordance with the provisions
of Section 52A of NDPS Act. On that point, he placed
reliance on the decisions of the Hon'ble Apex Court in the
case of SIMRANJIT SINGH supra and BOTHILAL supra.
In both the cases, the challenge was made to the
judgment of conviction of the appellant for offences under
NDPS Act. Whether there is compliance of Section 52A of
NDPS Act cannot be considered at the stage of considering
bail application and the same can be considered at trial.
8. Learned counsel for petitioner placing reliance
on the decision of the Hon'ble Apex Court in the case of
NAMDI FRANCIS NWAZOR supra would contend that, if
a person is carrying hand bag or the like and the
incriminating article is found therefrom, it is a search of
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the person of the accused requiring compliance with
Section 50 of NDPS Act. Whether the seizure of the said
bag which the petitioner was holding amounts to personal
search or not and there is a violation of Section 50 of
NDPS Act cannot be considered at the stage of considering
bail application and the same can be considered at the
trial. The petitioner is having criminal antecedents and he
is accused No.2 in Crime No.97/2024 of Ramapura Police
Station, registered for offence under Section 20(b)(ii)(A)
of NDPS Act. The quantity in the said case is a small
quantity. The petitioner has been granted bail in the said
Crime No.97/2024. The petitioner who was on bail in the
said case is now involved in the present case wherein
quantity seized is intermediate quantity. The very fact that
he again committing a similar offence that too of
intermediate quantity itself indicates that, there are
chances of he committing similar offence if he is granted
bail. The offence alleged against the petitioner is
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punishable with imprisonment which may extend to ten
(10) years.
9. The decision relied upon by the learned counsel
for petitioner with regard to non-consideration of criminal
antecedents while granting bail in the case of
PRABHAKAR TEWARI supra cannot be considered in the
cases involving trafficking in Narcotic Drug as the
trafficking in Narcotic Drug affects the citizens moreso
youngsters.
10. The Hon'ble Apex Court in the case of ANKUSH
VIPAN KAPOOR vs. NATIONAL INVESTIGATION
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
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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
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."
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11. 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.: 31
