- 1 - HC-KAR NC: 2025:KHC:19827 CRL.P No. 7037 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7037 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: OM PRAKASH GUPTA AGED ABOUT 39 YEARS S/O HIRALAL GUPTA R/O GOVIND NAGAR VILLAGE, POST BHANPURKHAJURIYA, TEHSIL - PALLAKALA, DIST-LAKHIMPUR KHERT, UTTAR PRADESH -262 904. …PETITIONER (BY SRI. RAKSHITH R, ADVOCATE) AND: 1. UNION OF INDIA UNION OF INDIA THROUGH INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU, BENGALURU ZONAL UNIT, REP BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SH. KAMLESH KUMAR INTELLIGENCE OFFICER, NCB BENGALURU – 560 001. 3. CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANNA AGRAHARA BANGALORE- 560 068. …RESPONDENTS (BY SRI. GOWTHAMDEV C.ULLAL, ADVOCATE FOR R-1 & R-2 SRI. B.N. JAGADEESHA, ADDL. SPP, FOR R-3) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19827 CRL.P No. 7037 of 2025 THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ARREST OF PETITIONER DATED 13.04.2022 AND REMAND OF PETITIONER TO JUDICIAL CUSTODY DATED 16.04.2022 IN SPL.C.NO.2183/2022 FOR OFFENCE P/US/ 8(c) R/W SEC.20(b)(c),27- A,28,29 OF NDPS ACT PENDING ON THE FILE OF THE HONBLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS ACT AT BENGALURU AND CONSEQUENTLY DIRECT RESPONDENT NO.3 TO RELEASE THE PETITIONER FROM JUDICIAL CUSTODY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following relief:- “ The above name Petitioner humbly pray that this Hon’ble court be pleased to quash the arrest of Petitioner dated 13.04.2022 in Spl.C.No.2183/2022 for offence punishable under sections 8(c) r/w 20(b)(c), 27A, 28 and 29 of the NDPS Act pending on the file of Hon’ble XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Act at Bengaluru and consequently direct respondent no.3 to release the petitioner from judicial custody in the interest of justice.” 2. Heard learned counsel for the petitioner and learned counsel for respondents 1 and 2 and learned Addl. SPP for 1st respondent and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned - 3 - HC-KAR NC: 2025:KHC:19827 CRL.P No. 7037 of 2025 counsel for the petitioner invited my attention to the material on record in order to point out that the requisite grounds of arrest as mandated under Article 22(1) of the Constitution of India as well as Sections 47 and 48 of BNSS, 2023 have not been issued either to the petitioner or to his relatives and in the light of the decisions of the Apex Court in the cases of Pankaj Bansal Vs. Union of India – (2024) 7 SCC 576, Prabir Purkayastha Vs. State (NCT of Delhi) – (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana – 2025 INSC 162 and the impugned remand of the petitioner to the judicial custody be quashed and concerned respondents be directed to release the petitioner on bail. 4. Learned counsel for respondents 1 and 2 has filed a memo dated 10.06.2025 admitting that grounds of arrest were not furnished / communicated to the petitioner as required in law and necessary orders in the instant case may be passed. The said memo is placed on record. 5. A perusal of the material on record will indicate that in the instant case, grounds of arrest have not been furnished or communicated to the petitioner and / or to his relatives, friends etc., as required in law and in the light of the principles enunciated in the - 4 - HC-KAR NC: 2025:KHC:19827 CRL.P No. 7037 of 2025 aforesaid judgments, I am of the view that the petition deserves to be allowed and petitioner is entitled to be released on bail by imposing certain conditions. 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned arrest of the petitioner on 13.04.2022 in Spl.C.No.2183/2022 and consequential remand order dated 14.04.2022 passed by the XXXIII Addl.City Civil and Sessions Judge and Spl.Judge for NDPS Act, Bangalore, are hereby quashed. (iii) The 1st respondent as well as the 3rd respondent - Jail Authorities are directed to release the petitioner on bail forthwith and immediately upon receipt of a copy of this order, subject to the following conditions: a) The petitioner shall not directly or indirectly threaten or tamper with the evidence, witnesses etc., of the respondents ; b) The petitioner shall not involve in similar offences in future; c) The petitioner shall co-operate with the investigation; - 5 - HC-KAR NC: 2025:KHC:19827 CRL.P No. 7037 of 2025 d) The petitioner shall not leave the jurisdiction of this Court without the prior permission of the Court; e) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum, to the satisfaction of the Trial Court within a period of two weeks from the date of his release. f) The petitioner shall produce his address / identity proof before the Jail authorities at the time of his release. g) The petitioner shall mark his attendance before the SHO of the jurisdictional police station between 10.00 a.m. and 02.00 p.m., once in two weeks. h) Liberty is reserved in favour of the prosecution as well as the Trial Court to take appropriate action against the petitioner including cancellation of the bail, in the event he violates any of the terms and conditions mentioned above. Registry is directed to communicate this order to the 1st respondent as well as the 3rd respondent - Jail Authorities forthwith without any delay both electronically and telephonically to enable immediate implementation of this order. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.