- 1 - HC-KAR NC: 2025:KHC:31325 CRL.P No. 5273 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.5273 OF 2025 BETWEEN: 1. MR. LIKANDO YAMBWA S/O YAMBWA AGED ABOUT 40 YEARS, PASSPORT NO-ZN979916 R/AT LUSAKA, ZAMBIA-10101. …PETITIONER (BY SRI. BASAVARAJU T.A., ADVOCATE) AND: 1. UNION OF INDIA THE INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE BENGALURU ZONAL UNIT NO-8(2) P, OPP. BDA COMPLEX HBR LAYOUT, KALYANANAGAR POST KALYANAGAR POST BENGALURU-560043 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR CENTRAL GOVERNMENT ADVOCATES OFFICE HIGH COURT BUILDING, HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BENGALURU-560001. …RESPONDENT (BY SRI. M.N.KUMAR, SENIOR STANDING COUNSEL) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31325 CRL.P No. 5273 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN F.NO-DRI/BZU/S-IV/ENQ-27/(INT- NIL)/2021 REGISTERED BY INTELLIGENCE OFFICER, DRI/BZU FOR AN OFFENCES UNDER SECTIONS 21C, 23C, 28 OF NDPS ACT, WHICH IS PENDING ON THE FILE OF HON’BLE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS ACT AT BENGALURU CITY (CCH-33) IN SPL.C.C.NO.202/2024, ON SUCH TERMS AND CONDITION. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Petitioner has preferred this petition to enlarge him on bail in Spl.C.C.No.202/2024, pending on the file of the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru. 2. Heard the learned counsel for the petitioner and learned senior standing counsel appearing for respondent/Union of India. Perused the material on record. 3. Petitioner is facing trial before the Special Court for the offences punishable under Section 21(c), 23(c) and - 3 - HC-KAR NC: 2025:KHC:31325 CRL.P No. 5273 of 2025 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred as 'NDPS Act'). 4. Petitioner’s application for bail has been rejected by the learned sessions Judge in Crl.Misc.No.2370/2024 vide order dated 06.08.2024. Hence, this petition to enlarge him on bail. 5. The learned counsel for the petitioner has argued that the petitioner is entitled for bail on medical grounds, since he is suffering from HIV positive. It is his contention that there are chances of transmission of virus to other inmates of the jail if the petitioner is detained in the prison and he requires regular and special treatment, since he cannot lead a normal life in the prison. 6. Insofar as merits of the case is concerned, it is contended that the contraband was not seized from the exclusive possession of the petitioner, but it was allegedly confined in a book and hence, it cannot be said that there is a prima facie case against the petitioner. - 4 - HC-KAR NC: 2025:KHC:31325 CRL.P No. 5273 of 2025 7. The complaint is lodged by the Intelligence officer, Directorate of Revenue Intelligence, Bengaluru, which reveals that the petitioner who travelled in a Ethiopian Airways on 16.08.2023 landed at Kempegowda International Airport at 7.50 hours. The passengers of the said flight entered the customs arrival area and when the Senior Intelligence Officer (SIO), DRI upon checking the passport of the petitioner and his handbag (cabin luggage) found that he was smuggling Narcotic Drugs inside the story book. A total quantity of 998 gms (Net Weight) of contraband was seized from his possession. As per FSL report, the substance tested positive for the presence of cocaine. 8. The contention of the learned counsel that the petitioner was not in conscious possession of the contraband and he is innocent etc., cannot be accepted at this stage. Commercial quantity of cocaine has been seized from the possession of the petitioner, which was concealed in the cabin luggage, which he was carrying. Therefore, - 5 - HC-KAR NC: 2025:KHC:31325 CRL.P No. 5273 of 2025 there is a prima facie case against him. There are no reasonable grounds to believe that the petitioner is not guilty of the offence alleged under the NDPS Act. 9. In Sofar as the medical ground urged by the petitioner is concerned, learned standing counsel appearing for the respondent/Union of India has filed the Medical report of the petitioner dated 11.08.2025 issued by the Chief Superintendent, Central Prison, Bengaluru, wherein, it is stated that the petitioner is on medication and follow-up for HIV at Prison Hospital and his present Health condition is stable. 10. From the material on record, it is seen that the petitioner is tested positive for HIV. He was referred to Victoria Hospital where he was evaluated and started Anti Retro Viral Treatment. Currently, he is on medication and follow-up for HIV at Prison Hospital. His present Health condition is stable. 11. Learned counsel for the petitioner placing reliance on Section 34(2) of Human Immunodeficiency - 6 - HC-KAR NC: 2025:KHC:31325 CRL.P No. 5273 of 2025 Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, contended that in a case of this nature, where the accused suffers from HIV positive, the Trial Court has to dispose of the proceedings on priority basis. Section 34(2) of the said Act, reads as under: “ Section 34(2): In any legal proceeding concerning or relating to an HIV-positive person, the court shall take up and dispose of the proceeding on priority basis.” 12. In the case on hand, the petitioner was arrested on 16.08.2023. Charges are already framed. Learned counsel for respondent would submit that there is failure on the part of the petitioner to engage a counsel for him before the Trial Court and therefore, the trial could not proceed. However, now the petitioner has engaged a counsel and therefore, direction may be issued to expedite the trial. - 7 - HC-KAR NC: 2025:KHC:31325 CRL.P No. 5273 of 2025 13. In view of the provision referred supra, the Trial Court is directed to expedite the trial and shall dispose of the proceeding on priority basis. 14. With the above observations, the petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE RHS List No.: 1 Sl No.: 57