- 1 - NC: 2025:KHC:9935 CRL.P No. 3152 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.3152 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR. PRAJWAL ELROY RAJ, AGED ABOUT 26 YEARS, S/O PRAVEEN RAJ, R/AT HOUSE NO.G-3, STAR PAR APARTMENT, PARK VIEW ROAD, VALENCIA KANKANADY, MANGALORE - 575 002. …PETITIONER (BY SRI. P.P. HEGDE, SR. COUNSEL FOR SRI. AKSHAY KUMAR JAIN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE INSPECTOR OF POLICE ECONOMIC AND NARCOTIC CRIME POLICE STATION, MANGALORE. (REPRESENTED BY THE STATE PUBLIC PROSECUTOR) HIGH COURT OF KARNATAKA BANGALORE - 01. 2. SUB INSPECTOR OF POLICE ECONOMIC AND NARCOTIC CRIME POLICE STATION, MANGALORE - 575 001. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP ) Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9935 CRL.P No. 3152 of 2025 THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ORDER DATED 27.02.2025 PASSED BY THE COURT OF PRL. DIST. AND SESSIONS JUDGE, D.K. MANGALORE IN SPL.C.NO.31/2022 (ARISING FROM CR.NO.28 OF 2020 OF ECONOMIC AND NARCOTIC CRIME POLICE STATION MANGALORE CITY) AND CONSEQUENTLY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, who is facing trial for the offences under Sections 21 and 21(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, is before this Court seeking relief. 2. The petitioner has been enlarged on the bail by this Court in Criminal Petition No.6204/2020 vide order dated 25.11.2020. During the subsistence of the said order, the petitioner was arrested by the Crime Branch Police, Delhi in connection with Crime No.255/2022 and the High Court of Delhi has granted interim bail to the petitioner for a period of one month. The trial Court, by the impugned order, has directed the jail authorities for physical production of the petitioner for further production by way of remand warrant. - 3 - NC: 2025:KHC:9935 CRL.P No. 3152 of 2025 3. Heard Sri P.P. Hegde, learned senior counsel, appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State. 4. The Coordinate Bench of this Court in M. SHASHIDHARA @ SHASHI AND ANOTHER VS. STATE OF KARNATAKA BY JAYANAGARA POLICE STATION reported in ILR 2023 KAR 2081 has held that an order issued under Section 267 of Cr.P.C. by the Court seeking the presence of the accused, who had already been in judicial custody in another case, would result in dispel the custody of that accused in earlier case for a temporary period for the purpose of meeting the contingencies enumerated in Section 267 of Cr.P.C. In other words, order issued under Section 267 of Cr.P.C., does not authorise the custody of that particular accused in subsequent case. Therefore, for all practical purposes, the custody of the accused remains with the Court which has sent him to judicial custody at the first instance. Therefore, the body warrant issued under section 267 of Cr.P.C., at no stretch of imagination, would authorise the prison authorities to detain that particular accused in custody, if the accused has already been granted bail in a case where he has - 4 - NC: 2025:KHC:9935 CRL.P No. 3152 of 2025 been remanded to judicial custody at the first instance. The petitioner was enlarged on bail by this Court and he cannot be detained under body warrant since he has been enlarged on bail by the High Court of Delhi. Therefore, the impugned order passed by the trial court is not sustainable. 5. Accordingly, the following order is passed: (i) The petition is allowed. (ii) The impugned order dated 27.02.2025 passed by the Court of Principal District and Sessions Judge, D.K. Mangalore, in Spl.C.NO.31/2022, is hereby set aside. (iii) The body warrant issued in the aforesaid case is hereby recalled. (iv) The petitioner shall appear before the trial court as and when summoned, and abide by the terms and conditions of the bail order passed by this Court. (v) Registry is directed to communicate this order, through electronic media, to the Deputy Superintendent of Central Jail, Delhi, Sd/- (HEMANT CHANDANGOUDAR) JUDGE CS List No.: 1 Sl No.: 26