ABDUL REHAMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No. 5 under Sec. 483 of BNSS praying to grant bail in Crime No. 69/2025 of Kundapura Police Station registered for offence under Ss. 8(c), 21(c), 22(c) and 29 of NDPS Act.

(2.) Heard learned counsel for petitioner and learned HCGP for respondent - State.

(3.) Learned counsel for petitioner would contend that petitioner has not been arraigned as an accused in the FIR. After arrest there was a personal search of the petitioner and nothing was recovered and his voluntary statement has been recorded. Pursuant to the voluntary statement of the petitioner, 9 packets of MDMA have been seized from his house. Said quantity seized is more than small quantity and lesser than commercial quantity. Personal search of the petitioner has not been conducted in the presence of Gazetted Officer as required under Sec. 50 of NDPS Act. Out of four cases registered against the petitioner three are regarding consumption of narcotic drugs and one is possessing Ganja of intermediate quantity. With this, he prayed to allow the petition.