- 1 - NC: 2025:KHC:13100 CRL.P No. 4000 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4000 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR. UZOWUM CHICKDWUM LEVONUS @ LIVOUSA S/O CHICKDWUM AGED ABOUT 32 YEARS, R/AT SITE NO.3/2 THIRTHESH RTEDDY BUILDING LAKSHMISAGARA VILLAGE NERALURU POST, ATHIBELE HOBLI ANEKAL TALK BENGALURU DISTRICT -562107. …PETITIONER (BY SRI. HASHMATH PASHA, SENIOR ADVOCATE FOR SRI. KARIAPPA N.A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CCB POLICE ANW SUB DIVISION BANGALORE-560027. 2. LAKSHMINARAYAN K POLICE INSPECTOR NARCOTIC DRUGS SQUAD CCB POLICE BANGALORE CITY -560027. 3. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPANA AGRAHARA BENGALORE- 560100. Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:13100 CRL.P No. 4000 of 2025 ALL ARE REPRESENTED BY LEARNED STATE PUBLI PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE- 560001. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP A/W SRI. RAHUL RAI, HCGP FOR R1 TO R3) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER OF ARREST DATED 23.10.2024 AND ORDER OF REMAND DATED 24.10.2024 PASSED IN CR.NO.59/2024 OF CCB POLICE, BANGALORE CITY, FOR THE OFFENCES P/U/S 8(c) AND 22(c) OF NDPS AS ILLEGAL AND ABUSE OF PROCESS OF LAW WHICH WAS ON THE FILE OF HON'BLE I ACJM, BANGALORE, AS PER ANNEXURE B AND E CONSEQUENTLY TO RELEASE HIM FROM JUDICIAL CUSTODY FORTH WITH WITH A DIRECTION TO THIRD RESPONDENT TO RELEASE AND ETC. 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 has been arrested in Crime No.59/2024 for the offences punishable under Sections 8(c), 22(c) of NDPS Act, 1985 is before this Court seeking relief. 2. Heard Sri Hashmat Pasha, learned Senior Counsel representing petitioner's counsel and learned High Court Government Pleader for the respondent - State. 3. The petitioner's contention is that his arrest stands vitiated for non-compliance of Articles 21 and 22(1) of the Constitution of India and also Sections 47 and 48 of BNS, 2023. - 3 - NC: 2025:KHC:13100 CRL.P No. 4000 of 2025 Perusal of the grounds of arrest furnished by the State indicated that the petitioner was informed that he is selling drugs to college students, software engineers, known clients and others to make unlawful gain. Thus, a case came to be registered against him in Crime No.59/2024 for the aforesaid offences. 3.1. The petitioner's further contention is that the grounds of arrest does not disclose full particulars of the offence committed by the petitioner, as to, whether the alleged offences are bailable or not, or with respect to the quantity seized from the possession of the petitioner. Although the grounds of arrest has been served on the petitioner, however, the same is in Kannada language, and admittedly, the petitioner is a foreigner, who does not understand Kannada language. Therefore, the Police Inspector was required to serve the grounds of arrest on the petitioner, in the language known to him. 4. The Hon'ble Apex Court in the case of Vihaan Kumar v. State of Haryana, 2025 INSC 162, has ruled that as far as Article 22(1) is concerned, compliance can be made by communicating sufficient knowledge of the basic facts constituting the grounds of arrest to the person arrested . The grounds should be effectively and fully communicated to the arrestee in the manner in which he will fully understand the same. Therefore, it follows that the grounds of arrest must be informed in a language which the arrestee understands. 5. A coordinate Bench of this Court in Crl.P No.6578/2019 had issued guidelines stating that as soon as the - 4 - NC: 2025:KHC:13100 CRL.P No. 4000 of 2025 offence under Foreigners Act and other Laws is detected, and there is a strong prima facie material to show that the detected person is a foreign national, and if the said person has no passport or visa, or if the visa is expired, and he has no right to stay in Indian Territory, proceedings shall be immediately undertaken to deport such foreign national to his nation, without unnecessary delay, from the date of registration of FIR against such person. 5.1. It was further held that if for any reason the Court grants bail including anticipatory bail, in any criminal case where the offender is a foreign national, and the offences are under the Foreigners Act and/or also under any other Laws for the time being in force, and if their visa was cancelled or lapsed, or if they had no passport, or if they were illegal immigrants, then the Courts shall specifically order to keep such persons in detention centers, unless the competent authority has passed any order under section 3(2)(a) to (f) of Foreigners Act, 1946. 6. The Hon'ble Apex Court in the case of Prabir Purkayastha -vs- State (NCT of Delhi) - (2024) 8 SCC 254 referred to its earlier decision in the case of Roy V.D -vs- State of Kerala - (2000) 8 SCC 590, wherein it was held that the life and liberty of an individual is so sacrosanct that it cannot be allowed to be interfered with, except under the authority of law, and that the same principle has been recognized and applied in all civilized countries. Article 21 of the Indian Constitution guarantees protection of life and personal liberty not only to citizens of India but also to aliens. - 5 - NC: 2025:KHC:13100 CRL.P No. 4000 of 2025 7. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- State of Harayana and another - 2025 SCC OnLine SC 269, has ruled that failure to comply with the requirement of informing the arrestee of the grounds of his arrest amounts to violation of fundamental right enshrined in Article 22(1) of the Constitution, and also the fundamental right to liberty guaranteed under Article 21 thereof, and therefore, shall vitiate the arrest. 8. In the instant case, the petitioner is a foreign national, and the grounds of his arrest were communicated to the petitioner in Kannada language, and there is no endorsement made in the grounds of arrest that the contents of the arrest memo were read over to the petitioner, and explained to him in the language which the petitioner understands. Therefore, the arrest of the petitioner stands vitiated on the sole ground that the grounds of arrest were not disclosed to the petitioner in the language which he understands, so as to afford the petitioner the right to effectively challenge his arrest. Accordingly, this petition is allowed. i) The order of arrest dated 23.10.2024 and order of remand dated 24.10.2024 passed in Crime No.59/2024 of CCB Police is hereby quashed. ii) The 3rd respondent, Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release forthwith the petitioner-accused in Crime No.59/2024, of CCB - 6 - NC: 2025:KHC:13100 CRL.P No. 4000 of 2025 Police, Bangalore City for the offences punishable 8(c) and 22 (C) of the NDPS Act, 1985 subject to the following conditions: i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court within a period of two weeks from the date of his release; ii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iii) The petitioner shall appear before the investigating officer as and when required; iv) The petitioner shall not involve in similar offences in the future; v) The petitioner shall not leave the territorial limits without prior permission of the Investigating Officer. vi) The concerned Jail Authorities are hereby directed to release the petitioner forthwith without any delay and immediately upon a receipt of copy of this order if he is not required for any other cases, if any. vii) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically. 9. It is open for the respondents to move the Registration Officer appointed under Rule 3 of the Foreigners Rules. 10. It is also made clear that under Section 3(2) of the Foreigners Act, if the Competent Authority feels that by means of imposing restrictions on the movements of the petitioner, by taking bond - with or without surety, or in alternative to the enforcement of any of the prescribed or other specific restrictions or conditions, so as to observe or control the movements of the petitioner, such - 7 - NC: 2025:KHC:13100 CRL.P No. 4000 of 2025 orders may be passed by the Competent Authority with intimation to the concerned Court. 11. The learned XXXIII Additional City Civil And Sessions Judge, Special Cases for NDPS, Bangalore City to conclude the trial in Spl.CC No.131/2025 within four months. 12. The petitioner to appear before the Trial Court as and when summoned, and cooperate for conclusion of the trial, failing which, the Trial Court is permitted to pass appropriate orders. Hand delivery ordered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 174