Shamsheer @ Mohammed Shamsheer vs State Of Karnataka

M.G.S. Kamal, J

This petition is filed by the accused No.2-petitioner herein seeking grant of regular bail in Crime No.182/2025 of Kankanady Town Police Station, for the offences punishable under Sections 8(c), 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985.

The case of prosecution is that complainant-Police received credible information on 13.12.2025 at about 2.45 p.m., regarding young couple coming in a Swift car bearing registration No.KL-58/W-6342 from B.C. Road towards Mangaluru illegally keeping and transporting contraband substances in their possession. That on obtaining authorization from Assistant Commissioner of Police, Mangaluru, complainant conducted raid in presence of panchas and found 60.5 grams of white colour crystal MDMA, 20 empty zip lock plastic covers, mobile phone, cash of Rs.2,600/- in a purse, One Plus mobile phone, white colour crystal MDMA of 15.32 grams, sky blue colour travel bag from the possession of accused No.2 and Samsung Galaxy F15 5G mobile phone, white colour crystal MDMA weighing 11.53 gram and vanity bag from the possession of accused No.3 and seized the same by preparing seizure mahazar. Accused No.2-petitioner herein was arrested on 13.12.2025, since then he is in judicial custody.

Learned counsel for the accused No.2-petitioner herein submits that there is no compliance with Section 42 of NDPS Act with regard to reducing the information into writing before proceedings to conduct the raid, search and seizure. Though the prosecution claim to have recovered 15.32 grams of white colour crystal MDMA, the test report dated 07.02.2026, reveal that the substance alleged seized from the possession of the accused No.2- petitioner herein is methamphetamine, which falls at Sl.no.159 of the notification annexed to the NDPS Act, wherein the commercial quantities stated to be 50.00 grams and alleged possession of 15.32 grams of methamphetamine falls within intermediate quantity. He further submits that though the substances was seized on 13.12.2025, the same was sent for test three days thereafter. The respondent-Police sought for permission on the fourth day, whereas as per the circular the substances ought to have sent for test within 72 hours. Thus, he submits on three counts the prosecution has failed to make out prima-facie case against the accused No.2-petitioner herein.

Learned HCGP opposing the petition submits that accused No.2-petitioner herein found to be in possession of the substances in contravention of provision of the NDPS Act. However, learned HCGP is in unable to point out from the report regarding the quantity and quality of the substance found in the possession of the accused No.2-petitioner herein as alleged in the complaint.

Heard and perused the records.

Nothing is on the record to indicate compliance of Section 42 of NDPS Act, which requires reduction of information into writing before proceeding to conduct raid, search and seizure. There is also no indication of compliance of said requirement even subsequent to search and seizure thereof.

The report dated 07.02.2026 made available indicate the following:

Materials Examined

Sl.No.

Article Smart Code

Description of article/s

IO Marking

1.

2EB264DJ

Said to contain 6.46 grams of MDMA packet-1 collected from the packet 1, containing 61.79 grams MDMA

15

2.

3ZUVHMPG

Said to contain 6.16 grams of MDMA packet-1 collected from the packet 8, containing 16.02 grams MDMA

16

3.

QWHHATXR

Said to contain 5.83 grams of MDMA packet-1 collected from the packet 11, containing 11.99 grams MDMA

17

Duration of Examination: 06.01.2026 to 07.02.2026

Item No.2 of the material examined, is stated to be methamphetamine and not MDMA. The quantity as pointed out by learned counsel for the petitioner would not amount to prescribed commercial quantity.

The contraband substance though recovered on 13.12.2025 by the respondent-Police is purportedly sent for laboratory examination belatedly i.e., on 06.01.2026 in contravention of provisions of Section 52 of the NDPS Act.

In that view of the matter, accused No.2-petitioner herein in the considered view of this Court has made out a prima-facie case for his innocence. Accordingly, following:

ORDER

(i) Criminal Petition filed under Section 483 of BNSS, 2023 is allowed.

(ii) The accused/petitioner is directed to be enlarged on bail in Crime No.182/2025 for the offences punishable under Sections 8(c), 22(c) of Narcotic Drugs and Psychotropic Substances Act, subject to the following conditions:

a) the accused No.2/petitioner shall execute personal bond for a sum of Rs.2,00,000/- with two local sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The accused No.2/petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The accused No.2/petitioner shall not involve in similar offences in future;

d) The accused No.2/petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.