AFZAL SHARIFF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by sole accused under Sec. 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 Ss. 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 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 Sec. 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 dtd. 5/1/2026. 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.