[Cites 6, Cited by 0]
Karnataka High Court
Syed Riyaz @ Chapper Riyaz A1 vs The State Of Karnataka on 17 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
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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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
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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:
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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
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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
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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
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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
