- 1 - NC: 2025:KHC:17742 CRL.P No. 5549 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5549 OF 2025 BETWEEN: PAUL IKKENNA @ IK BOSMAN FLAT NO. 103/Ist FLOOR SAI CO-OP HSG SOCIETY LTD., PLAT F/89, SECTOR-12 KHARGHAR - 410 210 NAVI MUMBAI. …PETITIONER (BY SRI NISHIT KUMAR SHETTY, ADV.) AND: UNION OF INDIA THROUGH THE INTELLIGANCE OFFICER NARCOTICS CONTROL BUREAU (NCB) BANGALORE ZONAL UNIT RAMANNA GARDEN, KATTIGENAHALLI BAGALUR MAIN ROAD, YELHANKA POST BANGALORE 560 063, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI S. RAJASHEKAR, CGC) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.C.NO.1893/2023 (NCB.F.NO.48/1/5/2023/BZU) FOR THE OFFENCE P/U/S 8(c) R/W 22(c), 23(c), 27, 27A, 28 AND 29 OF NDPS ACT, 1985, PENDING ON THE FILE OF THE XXXIII ADDL. CITY AND SESSIONS JUDGE AND SPL. JUDGE (NDPS) (CCH.33) PENDING ON Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17742 CRL.P No. 5549 of 2025 THE FILE OF THE XXXIII ADDL. CITY AND SESSIONS JUDGE AND SPL. JUDGE (NDPS) (CCH-33), BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.6 in Spl.CC.No.1893/2023 pending before the Court of XXXIII Addl. City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of NCB.F.No.48/1/5/2023/BZU registered by Intelligence Officer, NCB, Bengaluru Zonal Unit, for the offences punishable under Sections 8(c) read with Sections 21(c), 22(c), 23(c), 27, 27A, 28 and 29 of the NDPS Act, 1985, is before this Court under Section 483 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. Based on credible information received by the Intelligence Officer, NCB Benglauru Zonal Unit, Benglauru, accused No.1 was intercepted at International Airport in Bengaluru and from his possession, huge quantity of contraband article was seized subsequently based on his confession statement, police have - 3 - NC: 2025:KHC:17742 CRL.P No. 5549 of 2025 arrested accused Nos.2 to 5 and after completing investigation, a complaint was filed as against accused Nos.1 to 5 for the aforesaid offences before the jurisdictional Sessions Court in NCB.F.No.48/1/5/2023/BZU. Subsequently, a raid was conducted to the house of the petitioner in Navi Mumbai in Maharashtra State and from the said house, contraband article allegedly cocaine totally weighing 1 kg 959 grams was seized under a mahazar and thereafter, supplementary complaint was filed against the petitioner before the jurisdictional Sessions Court at Bengaluru and the petitioner was arraigned as accused No.6 in the said case. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.2459/2025 was rejected on 03.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that in the present case, there is no seizure from the possession of the petitioner. The allegation against him is that he had supplied the contraband article to the other accused persons who were arrested in the present case earlier. In respect of the seizure that was made at Navi Mumbai in Maharashtra State, a separate criminal case has been registered against petitioner - 4 - NC: 2025:KHC:17742 CRL.P No. 5549 of 2025 before the jurisdictional Sessions Court at Maharashtra and in the said case, petitioner has already been enlarged on bail. 5. Per contra, learned counsel for the respondent, who has filed statement of objections, does not dispute the submission made by learned counsel for the petitioner. 6. The material on record would go to show that based on credible information received by the Intelligence Officer of NCB, accused No.1 was intercepted in the International Airport at Bengaluru on 26.02.2023 and from his possession, huge quantity of contraband article were seized. Subsequently, during the course of interrogation, accused No.1 allegedly had mentioned the name of the persons who had supplied him contraband article. Based on such statement, accused No.2 was arrested in New Delhi and thereafter, it appears that accused No.2 had given the name of other accused persons, who were also arrested in the present case and after investigation, complaint was filed against accused Nos.1 to 5 before the jurisdictional Sessions Court. 7. Subsequently, a raid was conducted by the Officers of NCB Bengaluru to a house in Navi Mumbai in Maharashtra State - 5 - NC: 2025:KHC:17742 CRL.P No. 5549 of 2025 belonging to the petitioner and from the said house, contraband article allegedly cocaine totally weighing 1 kg 959 grams was seized. Undisputedly thereafter, Officers of NCB, Bengaluru, had handed over the petitioner to Officers of NCB at Maharashtra State and in respect of the seizure of contraband article allegedly cocaine totally weighing 1 kg 959 grams from the house of the petitioner in Maharashtra State, a separate criminal case has been registered against the petitioner before the jurisdictional Sessions Court in Maharashtra State and it is also not in dispute that in the said case, petitioner has been granted regular bail. Insofar as the present case is concerned, there is no seizure from the petitioner and he was produced before the Trial Court in the present case under Transit Body Warrant on 06.11.2023. The case before the Trial Court is still at the stage of framing of charges. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.CC.No.1893/2023 pending before the Court of XXXIII Addl. City Civil and Sessions Judge and Special - 6 - NC: 2025:KHC:17742 CRL.P No. 5549 of 2025 Judge (NDPS), Bengaluru, arising out of NCB.F.No.48/1/5/2023/BZU registered by Intelligence Officer, NCB, Bengaluru Zonal Unit, for the offences punishable under Sections 8(c) read with Sections 21(c), 22(c), 23(c), 27, 27A, 28 and 29 of the NDPS Act, 1985, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, out of which one shall be a local surety, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; - 7 - NC: 2025:KHC:17742 CRL.P No. 5549 of 2025 e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN