- 1 - HC-KAR NC: 2025:KHC:28855 CRL.P No. 7835 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7835 OF 2025 BETWEEN: MR. JAMES ONYENATURUCHI JUSTICE S/O JUSTICE, AGED ABOUT 32 YEARS, RESIDING AT NO.16/2B, MUNIYAPPA'S HOUSE, 4TH FLOOR, 2ND MAIN, PUTTANNA LAYOUT, MARUTHI SAW MILL ROAD, THANISANDRA, BENGALURU - 560 077. …PETITIONER (BY SRI. AJMAL KHAN, ADVOCATE) AND: STATE OF KARNATAKA BY SHO, HENNUR PS BENGALURU, REPRESENTED BY GOVT. PLEADER, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.959/2024 (CR.NO.119/2024) FOR ALLEGED OFFENCE UNDER SEC.8(c), 22(c) OF NDPS ACT 1985 AND SEC.14 OF FOREIGNERS ACT REGISTERED BY THE HENNUR P.S. BENGALURU NOW PENDING ON THE FILE OF XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE FOR NDPS CASES AT BENGALURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28855 CRL.P No. 7835 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to enlarge him on bail in Spl.C.No.959/2024 pending before the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases at Bengaluru. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. Crime No.119/2024 of Hennur Police Station, Bengaluru City is registered against accused Nos.1 and 2 for the offence Punishable under Section 8(c), 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred as 'NDPS Act') and Section 14 of the Foreigners Act, 1946. - 3 - HC-KAR NC: 2025:KHC:28855 CRL.P No. 7835 of 2025 4. The aforementioned Crime is registered on a suo-moto complaint lodged by the Police Inspector of the Anti Narcotics wings, CCB, Bengaluru. It is alleged that on 08.03.2024 at about 12:00 noon, he received a credible information that two Nigerian Nationals are in possession of certain contraband and they are selling the same to the customers. On receipt of the said information, he informed the matter to his higher officer and after obtaining permission to conduct raid, went along with his staff and panchas to the house where the said Nigerian Nationals were residing, at 4th floor in Muniyappa building, 2nd Main Road, Maruthi Saw Mill road, Puttanna Badavane, Thanisandra. On seeing the police, one of the accused present in the house managed to escape whereas, the petitioner was apprehended and from his possession 54 grams of MDMA crystal, two mobile phones, 1 electronic weighing machine, 5 packing covers were seized. Petitioner was arrested and produced before the Court and he was remanded to judicial custody. - 4 - HC-KAR NC: 2025:KHC:28855 CRL.P No. 7835 of 2025 5. It is contended by the learned counsel for petitioner that even though it is alleged by the prosecution that the contraband seized was MDMA, as per FSL report, the substance did not respond positive for MDMA, on the other hand, as per FSL report, the substance was methamphetamine. Relying on the photographs taken during the inventory proceedings, the learned counsel contended that the substance seized was less than 50 grams and therefore, methamphetamine alleged to have been seized from the possession of the petitioner is not a commercial quantity. He contended that the petitioner is in judicial custody from 08.03.2024 i.e., nearly for one and half years and there are no criminal antecedents against him and therefore, by imposing any conditions, he may be enlarged on bail. 6. Per contra, learned High Court Government Pleader has contended that as per the inventory drawn before the learned Magistrate, the substance weighed 54 grams and since the FSL report tested positive for - 5 - HC-KAR NC: 2025:KHC:28855 CRL.P No. 7835 of 2025 methamphetamine, the commercial quantity of the said substance being 50 grams, the petitioner was in possession of commercial quantity of the contraband. Therefore, he contended that in view of Section 37 of the NDPS Act, petitioner is not entitled for bail. 7. Learned High Court Government Pleader has further contended that the petitioner is a Nigerian National and his VISA has been expired and he has no permanent address anywhere in the country and therefore, if he is released on bail he may flee from justice and in that event, it will be difficult to secure his presence before the Trial Court. Accordingly, he sought to dismiss the petition. 8. The case of the prosecution is that on receiving a credible information that two Nigerian Nationals are in possession of prohibited drugs and they are selling the same to the public, the complainant-Police Inspector of Hennur Police Station, after obtaining necessary permission from the superior, conducted a raid in the house where the said Nigerian Nationals were residing, in - 6 - HC-KAR NC: 2025:KHC:28855 CRL.P No. 7835 of 2025 the presence of panchas, and on search, found the contraband in the possession of the petitioner. 9. The material on record would reveal that 54 grams of the contraband was seized at the instance of the petitioner. It is no doubt that as per FIR, the seized contraband was MDMA. As per FSL report, the substance tested positive for methamphetamine. However, commercial quantity of methamphetamine is 50 grams, which is not in dispute and the petitioner was in possession of 54 grams of methamphetamine, which is a commercial quantity. Hence, as rightly contended by the learned High Court Government Pleader, in view of the Section 37 of the NDPS Act, and in view of a prima-facie case against the petitioner, he is not entitled for the relief sought. 10. The contention of the learned counsel for petitioner is that as per one of the photographs, which is part of the charge sheet, the seized contraband weighed only 45 grams. It is contended by the learned High Court - 7 - HC-KAR NC: 2025:KHC:28855 CRL.P No. 7835 of 2025 Government Pleader that during inventory proceedings, samples were taken from 54 grams of the contraband for the purpose of sending it to the FSL. 11. A perusal of the inventory order shows that 54 grams of the contraband was seized under PF No.45/2024 and two samples weighing 6 grams and 5 grams were taken. The contention raised by the learned counsel for petitioner, therefore, cannot be accepted at this stage. 12. It is not disputed that the petitioner is a Nigerian National. Hence, as rightly contended by the learned High Court Government Pleader, if the petitioner is released on bail, there is every chance of flight risk. No grounds are made to allow the petition. Petition is accordingly, dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC:List No.: 1 Sl No.: 16 CT: BHK