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Karnataka High Court
Sri. Tahir Pasha @ Thahir Pasha vs The State Of Karnataka on 21 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:10890
CRL.P No. 17664 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 17664 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. SRI. TAHIR PASHA @ THAHIR PASHA
S/O KAMAR PASHA
AGED ABOUT 27 YEARS
R/AT No. 3/1, GROUND FLOOR
3RD CROSS, BABULAL STREET
GURAPPANAPALYA
BANNERGHATTA MAIN ROAD
BANGALORE - 560 029.
...PETITIONER
(BY SRI. MOHAMMED NAWAZ SHARIFF, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed by BY INSPECTOR OF POLICE
LAKSHMINARAYANA
MURTHY RAJASHRI KUMARASWAMY LAYOUT POLICE STATION
Location: HIGH REPRESENTED BY SPP
COURT OF
KARNATAKA HIGH COURT BUILDING - 560 001.
...RESPONDENT
(BY SRI M R PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER
SECTION 483 BNSS) Cr.P.C PRAYING TO ENLARGE THE
PETITIONER ON REGULAR BAIL IN CR.No.242/2025
REGISTERED AT RESPONDENT KUMARSWAMY LAYOUT P.S.,
FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS
20(b)(ii)(c) OF NDPS ACT 1985.
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NC: 2026:KHC:10890
CRL.P No. 17664 of 2025
HC-KAR
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by accused No. 2 under
Section 483 of BNSS praying to grant bail in Crime No.
242/2025 Kumarswamy layout Police Station registered for
offence under Section 20(b)(ii)(C) of NDPS Act.
2. Heard learned counsel for petitioner and
learned HCGP for respondent - State.
3. Learned counsel for petitioner would contend
that the car belongs to accused No. 1 and petitioner was a
driver in the car and he is in no way concerned with the
Ganja contained in the car of accused No. 1. Petitioner
recently joined accused No. 1 as a driver of the car.
Petitioner is having wife and 5 year old baby who are
dependent on him. Petitioner is ready to cooperate with
the Investigating Officer in further investigation, if any.
With this he prayed to allow the petition.
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4. Per contra, learned HCGP would contend that
the quantity of ganja seized in the car is 23 kg 170 gms
and it is commercial quantity. Therefore rigor of Section
37 of NDPS Act is attracted. Petitioner and accused No. 1
were present in the car at the time of raid. Investigation is
in progress. The offence alleged against the petitioner is
punishable with imprisonment which may extend upto 20
years. With this he prayed to reject the petition.
5. Having heard learned counsel for the parties the
Court has perused the FIR, complaint and other materials
placed on record.
6. Petitioner and accused No. 1 were found in the
car which contained contraband. The contraband seized
from the car is 23 kgs 170 gms of Ganja. Said quantity
seized is a commercial quantity. Therefore, rigor of Section
37 of NDPS Act is attracted.
7. Voluntary statements of accused Nos. 1 and 2
are recorded. Accused No. 2 in his voluntary statement
has not stated that he is only the driver of the car of
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accused No. 1. Accused No. 2 in his voluntary statement
has stated that he joined accused No. 1 in the sale of
Ganja as he will get more amount for that. Accused No. 1
in his voluntary statement has stated that petitioner has
joined him for sale of Ganja as he will get more amount
from that business. Considering the said aspect, the
contention of learned counsel for petitioner that accused
No. 2 is only a driver of the vehicle of accused No. 1 holds
no water. The offence alleged against the petitioner is a
heinous offence punishable with imprisonment which may
extend upto 20 years. If the petitioner is granted bail
there are chances of he committing similar offence. At this
stage there are no grounds to show that petitioner is not
involved in commission of offence under the NDPS Act.
Drug peddling has not only affected the persons but, it has
affected the youngsters especially.
8. According to many news reports, India faces a
clear dilemma between tackling the narcotics crisis
systematically or sacrificing its most valuable resource i.e.
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its young people. The extent of menace of drug abuse has
also been highlighted by the Hon'ble Apex Court in the
case of Ankush Vipan Kapoor v. National
Investigation Agency, reported in (2025) 5 SCC 155
wherein it is held 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
the escalating Substance Use Disorders ("SUD")
and ever accessible drug market, 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
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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."
9. Considering the above aspects petitioner has
not made out any grounds for grant of bail.
In the result petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 62
