- 1 - NC: 2025:KHC:14867 WP No. 9480 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 9480 OF 2025 (GM-RES) BETWEEN: CHINEDU EZE @ REMIJUS EZE, S/O. REMOND, AGED ABOUT 32 YEARS, R/AT: IKRUD, EAST NIGERIA, LAGOS, NIGERIA - 100 001. …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. STATE BY KARNATAKA BY STATION HOUSE OFFICER, RAMAMURTHY NAGAR POLICE STATION, BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. K.N. YASHAVANTH MAJOR, FATHER NAME NOT KNOWN TO PETITIONER, R/AT CCB OFFICE, N. T. PETE, BANGALORE. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 2287 OF THE CONSTITUTION OF INDIA R/W 482 OF CR.P.C PRAYING TO Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14867 WP No. 9480 of 2025 QUASHING THE ENTIRE PROCEEDINGS AGAINST PETITIONER IN SPL.C.C.NO.382/2021 (CRIME NO. 240/2017 OF RAM MURTHY NAGAR POLICE STATION) FOR THE OFFENCES PUNISHABLE UNDER SECTION 8(C), 22(B) OF NDPS ACT, SECTION 14, 14(A)(B) OF FOREIGNERS ACT AND SECTION 34, 107, 465, 468, 471, 474, 419, 420, 120(B) OF IPC PENDING ON THE FILE OF XXXIII ADDITIONAL CITY AND SESSIONS JUDGE AND SPL JUDGE (NDPS) (CCH 33), BENGALURU 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 Learned HCGP accepts notice for respondent - State. 2. The petitioner who is facing trial for the offence punishable under Section 8(C), 22(b) of NDPS Act, Section 14, 14(a)(b) of Foreigners Act and Sections 34, 107, 465, 468, 471, 474, 419, 420, 120(b) of IPC is before this Court seeking relief. 3. The petitioner was enlarged on bail but is detained at the Foreigners Restriction Centre, Suntekoppa. The petitioner alleges that the detention facility is unfit for human habitation and there is no medical facility and in that context, the petitioner has requested the trial Court to cancel the bail and remand him to judicial custody. He further submitted that, in such event, the petitioner is not been entitled for set-off for the time spent in restriction centre. - 3 - NC: 2025:KHC:14867 WP No. 9480 of 2025 4. The petitioner has annexed the report concerning the Foreigners Restriction Centre to substantiate the following grievances: The detention facility is unfit for human habitation and there are no medical facilities available for the petitioner's treatment. Regarding the trial progress, out of a total of eighteen chagesheet witnesses, only two have been examined thus far, while the remaining sixteen are yet to be examined. 5. Therefore, it is expedient to disposed of the petition, directing the XXXIII Addl. City and Sessions Judge and Special Judge (NDPS) (C.C.H 33), Bangaluru, shall conclude the trial in SPL.C.C.No.382/2021 (Crime No.240/2017) within six months from the next date of hearing. The bail granted in favour of the petitioner stands revoked. The trial Court shall remand to petitioner to judicial custody forthwith on receiving of this order. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 71 CT: BHK