[Cites 7, Cited by 0]
Karnataka High Court
Sri. Afzal Shariff vs State Of Karnataka on 12 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:8620
CRL.P No. 339 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 339 OF 2026
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
SRI. AFZAL SHARIFF
S/O. ANWAR SHARIFF,
AGED ABOUT 42 YEARS,
R/O. NO.41, 5TH CROSS, VIDYA NAGAR,
THANISANDRA,
BENGALURU - 560 045.
...PETITIONER
(BY SRI. SRINATH KULKARNI, ADVOCATE)
AND:
STATE OF KARNATAKA
BY KAMAKSHIPALYA POLICE STATION,
REP. BY HCGP,
Digitally signed by HIGH COURT BUILDING,
LAKSHMINARAYANA
MURTHY RAJASHRI BENGALURU - 560 001.
Location: HIGH
COURT OF
...RESPONDENT
KARNATAKA
(BY SRI. MOHD. AYUB ALI, ADDITIONAL SPP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CRIME NO.554/2025 REGISTERED BY
THE RESPONDENT/KAMAKSHIPALYA POLICE STATION,
BENGALURU, FOR THE ALLEGED OFFENCES PUNISHABLE
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CRL.P No. 339 of 2026
HC-KAR
UNDER SECTIONS 8(c) AND 22(C) OF NDPS ACT. PENDING
BEFORE THE L ADDITIONAL C.J.M. AT BENGALURU CITY.
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 sole accused under Section
483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant bail in Crime No.554/2025 of Kamakshipalya
Police Station registered for offences punishable under
Sections 8(c) and 22(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 petitioner has been arrested on 20.11.2025 and
he has been taken to Police custody for five (5) days. The
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petitioner has been taken to a place near Dodda
Aladamara for investigation to ascertain the source of the
contraband seized. The total contraband seized is 270
grams which is kept in the two wheeler of the petitioner
and is alleged to be MDMA crystal. The seizure of the
contraband has not been videographed as required under
Section 105 of BNSS. On that point, he placed reliance on
the decision of the Allahabad High Court in the case of
SHADAB vs. STATE OF U.P. passed in CRIMINAL MISC.
BAIL APPLICATION NO.40989/2025 dated
05.01.2026. The said seizure is in the daytime at 04.30
p.m., the vehicle does not belong to the petitioner. The
investigation is in progress and the petitioner is in judicial
custody since more than eighty (80) days. With these, he
prayed to allow the petition.
4. Per contra, learned Additional State Public
Prosecutor for respondent would contend that, the
quantity of contraband seized is 270 grams of MDMA
crystal. The said contraband seized is of commercial
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quantity. The petitioner was trying to sell the contraband
by keeping it in his vehicle. The matter is under
investigation. The offence alleged against the petitioner is
a heinous offence punishable with imprisonment which
may extend to twenty (20) years. 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 and
other materials placed on record.
6. The petitioner was in conscious possession of
the contraband kept in his two wheeler. The total quantity
of contraband seized is 270 grams and is alleged to be
MDMA crystal. The said quantity of contraband seized is a
commercial quantity. The offence alleged against the
petitioner is punishable with imprisonment which may
extend to twenty (20) years. Whether the seizure has
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been conducted without video recording is a matter to be
considered at the trial. As the quantity seized is a
commercial quantity, the rigor of Section 37 of the NDPS
Act is attracted. There are no reasonable grounds for
believing that the petitioner is not guilty of offence alleged
against him. If the petitioner is granted bail, there are
chances of he again repeating the same offence. The
trafficking in Narcotic Drugs is affecting the Public,
specially the youngsters.
7. 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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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.: 33
