Karnataka High Court
R Pranay Jain vs State By on 19 August, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.P No. 4561 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 4561 OF 2025
BETWEEN:
R. PRANAY JAIN
S/O M. RAJENDRA JAIN,
AGED ABOUT 26 YEARS,
RESIDING AT: NO.9, NETHAJI ROAD,
NEAR ASHOKA TALKIES,
FRAZER TOWN, BANGALORE NORTH,
BANGALORE-560 005.
...PETITIONER
(BY SRI. RAKSHITH R., ADVOCATE)
AND:
STATE BY
Digitally
INTELLIGENCE OFFICER,
signed by NARCOTICS CONTROL BUREAU,
LAKSHMI T REPRESENTED BY
Location:
High Court SPECIAL PUBLIC PROSECUTOR,
of Karnataka OFF/AT HIGH COURT OF KARNATAKA,
BENGALURU-560 001.
...RESPONDENT
(BY SRI. MADHUKAR DESHPANDE, ADVOCATE)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR
BAIL U/S 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA
(BNSS), IN CRIME NO.NCB F.NO.48/1/19/2024/BZU AT UNION
OF INDIA NARCOTICS CONTROL BUREAU, BANGALORE ZONAL
UNIT, THROUGH INTELLIGENCE OFFICER FOR THE OFFENCE
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PUNISHABLE UNDER SECTIONS 8(c), 22(c), 23(c), 27 AND 28
OF NDPS ACT, PENDING THE FILE XXXIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, (NDPS) AT
BANGALORE, CCH-33.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 30.07.2025, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CAV ORDER
This petition under Section 483 of BNSS, 2023 is
preferred by the sole accused in NCB Crime
No.48/1/19/2024/BZU registered by NCB, Bengaluru Zonal
Unit, to enlarge him on bail.
2. Heard the arguments of the learned counsel
appearing on both sides and perused the material on
record.
3. Brief facts of the case:- On 17.10.2024 at
around 12.27 hours, a credible information was received
from Special Intelligence and Investigation Branch, Airport
and Air cargo complex through official mail that a shipment
under AWB No.778447006060 suspected to be containing
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Narcotic Drug was lying at Fedex Express Cargo Terminal,
KIAL Road, Devanahalli, Bengaluru, which was imported
from Canada through Fedex Express, destined to one Mrs.
Sunita. Based on the said information and as per the
direction of the Superintendent, NCB, BZU, Bengaluru, a
team was constituted consisting of Inspector and other
officials who went to Fedex Express, Express Cargo
Terminal equipped with drug detection kit, laptop, portable
printer, digital weighing machine. Two persons were
requested to act as independent witnesses for the purpose
of search and seizure proceedings. The suspected parcel,
which was found to be booked from 'Mike Lisenchuk, R/o
2383, Hoover Rd, Campbell River BC CA V9H1C5, Canada
BC', addressed to one 'Sunita A, 17-F, Ganapati Nagar
Thalli Rd, Back Side seventh Day School, Hosur Krishna
Giri, TN - 635 109', was placed before the NCB team. On
opening the brown colour rectangle cartoon Box, it was
found to contain 51 golden color zipper Plastic
pouches/sachets having colorful printing written as
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'Premium Lord Shiva Carts' with photo of Lord Shiva on
sachets / pouches. The Golden color pouches having
specially printed in Black and white as 'FUEL
CANDY/HYBRID 1 gram Live Resin Vape Cartidge THC
71.80% TERPS 17.76%.' A small resin substance was
taken out and tested with field Drug Detection Kit which
gave positive result for Tetrahydrocannabinol (THC). All
the pouches contained similar cartridge and similar
substance, which totally weighed 850 grams including
transparent plastic pouch. The said parcel were taken into
possession under a panchnama. The email ID of the
consignee was obtained, based on which the mobile
number of the consignee R.Pranay Jain/petitioner was
obtained.
4. Petitioner was apprehended on 12.12.2024. The
voluntary statements of the petitioner and one Imthiyaz
Basha were recorded under Section 67 of the NDPS Act.
Petitioner was arrested for committing offences under
Section 8(c), 22(c), 23(c), 27, 28 and 29 of NDPS Act.
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5. The learned counsel has argued that, petitioner
is totally innocent of the offences alleged against him. The
parcel was not in his name, but in the name of one Sunita
A. The alleged contraband was not seized from the
exclusive possession of the petitioner, hence, there is no
iota of evidence against the petitioner. He hails from a
respectable family, he has no criminal history. His
detention in custody has led to great hardship to his entire
family, as he is the only earning member.
6. The learned counsel for petitioner further
contended that the quantitative analysis of the sample was
not carried out. The alleged contraband seized was a
mixture of both, Tetrahydrocannabinol (THC) and TERPS,
hence, for the purpose of quantitative analysis entire
mixture cannot be taken into consideration. The Narcotic
Drug or psychotropic substance which alone shall be taken
into consideration but not the entire mixture, for the
purpose of determining whether the substance seized
constitute 'small quantity' or 'commercial quantity'. The
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learned counsel relied on a decision of the Apex Court in
Bharat Chaudhary v. Union of India (SLP (Crl) 5703/2021
D.D.13.12.2021), the decision of this Court in Criminal
Referred Case No.1/2010 disposed on 06.10.2015 and the
order passed in Crl.P No.4991/2025 D.D. 17.06.2025, in
the case of Mahammed Ali P. v. Union of India, in support
of his contention.
7. The learned counsel has further contended that
the voluntary statement of an accused cannot be acted
upon and in the case on hand, the prosecution is relying on
the voluntary statement of the petitioner recorded under
Section 67 of the NDPS Act, which is inadmissible in
evidence.
8. The learned counsel for respondent has filed a
detailed statement of objections, reiterating the complaint
averments. It is also contended that the investigation
revealed the email communication regarding the parcel
between the official of Fedex Private Limited and the
petitioner, Pranay Jain, having mail ID
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[email protected], which confirmed that the petitioner
had ordered the drug parcel. The mobile number of the
petitioner was used in the mail ID. He ordered the drugs
online from an Instagram link using the Aadhar card of
Sunita A., given to him by one Preetesh Kataria, also using
the mobile number procured from one Rishab which was
used to order the drug. The statements of those persons
are recorded.
9. The learned counsel for respondent has further
contended that the weight of 51 golden color pouches
containing THC seized was 850 grams, which comes under
the purview of commercial quantity under the NDPS Act,
1985. Hence, in view of Section 37 of the said Act,
petitioner is not entitled for bail. He contended that apart
from his own voluntary statement, the prosecution has
collected other evidence, such as statements of witnesses,
email chats with Fedex regarding the parcel, payment
confirmation emails and the FSL report, showing a prima
facie case against the petitioner.
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10. The learned counsel for respondent has also
contended that the petitioner has knowingly ordered the
Narcotic drug via the darknet. If he is released, he may
abscond, tamper with evidence or influence witnesses. To
contend that the entire mixture including the neutral
material has to be considered to ascertain the quantity,
the learned counsel relied on a decision of the Apex Court
in the case of Hira Singh and another v. Union of India and
another reported in (2020) 20 SCC 272.
11. On receiving a credible information that a
shipment/parcel suspected to be containing Narcotic Drug
imported from Canada through Fedex Express was lying at
Fedex Express, Express Cargo Terminal, the NCB officials
constituted a team and in coordination with the customs
officials, seized the suspected parcel, addressed to one
Sunita A. The said parcel contained 51 golden color
pouches with printing on it as 'FUEL CANDY/HYBRID 1
gram Live Resin Vape Cartidge THC 71.80% TERPS
17.76%.' The weight of 51 pouches seized was 850 grams.
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12. The contention of the learned counsel that the
parcel was not in the name of petitioner and no contraband
was seized from his exclusive possession and therefore, he
is innocent and not committed any offence, cannot be
accepted. During investigation the details of the parcel was
sought from Fedex Private Limited, which confirmed the
email communication regarding the parcel between the
officials of Fedex Pvt. Ltd and Pranay Jain, petitioner
herein, having his mail ID. There are materials to show
that the petitioner has ordered the drug parcel from one
Mike Lisenchuk from Canada, using the Aadhar Card of
Sunita A., to avoid placing the order in his own name, by
paying CAD 1,100 via his Paypal account. Confirmation of
payment was recovered from his email. The investigation
has revealed that he had done total 45 transactions in last
2-3 years, which confirms that he has been involved in
drug trafficking. During investigation copy of Aadhar Card
of Sunita A., was recovered from the phone of the
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petitioner. Hence, the material collected prima facie show
that the drug seized was procured by the petitioner.
13. The weight of 51 pouches seized was 850
grams, printed on the pouch as containing, 'FUEL
CANDY/HYBRID 1 gram Live Resin Vape Cartidge THC
71.80% TERPS 17.76%'. In 'Hira Singh' (supra) the Apex
Court has held that the intention of legislature was not to
consider only actual content by weight of offending drug
for the purpose of determining whether it would constitute
"small quantity" or "commercial quantity". Rather, weight
of entire materials/mixture along with neutral material is
to be considered for ascertainment of whether the quantity
is "small quantity" or "commercial quantity". Hence, the
contention raised by the learned counsel for petitioner that
the entire mixture cannot be taken into consideration to
determine the quantity of the contraband seized, cannot
be accepted. The decisions relied by him therefore, will not
come to the aid of petitioner.
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14. As per FSL examination Report the transparent
self sealing plastic pouch in the division that contained 2
golden color self sealing plastic pouches each having
printed label "PREMIUM LORD SHIVA FRESH FROZEN
CARTS THC PREMIUM VAPE CARTRIDGE ORGANIC LIVE
RESIN ONE GRAM", randomly marked as 'A' and 'B' in
division. Observed weight of S-1-A after leakage is 0.720
grams and S-1-B is 0.412 grams. The total pouches seized
being 51 in numbers, the contraband seized is a
commercial quantity in respect of Tetrahydrocannabinol
(THC).
15. The material on record shows that there is a
prima facie case against the petitioner and in view of
Section 37 of the NDPS Act, which provides bar for
granting bail in such cases, petitioner is not entitled for
enlargement on bail. Further, as per prosecution,
petitioner had done several transactions with the consignor
of the parcel in last 2-3 years through his bank accounts.,
converting the currency, hence, the apprehension of the
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prosecution about the petitioner involving in similar
offences in future is well founded.
For the foregoing reasons, I proceed to pass the
following:
ORDER
Petition is dismissed.
Sd/-
(MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 1