- 1 - HC-KAR NC: 2025:KHC:30583 CRL.P No. 7951 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7951 OF 2025 BETWEEN: FRAMKLIN CHINEDU OZOIGBO S/O. INNOCENT OZOIGBO, AGED ABOUT 31 YEARS, R/AT. NO.402, C/O. SURESH BUILDING 4TH FLOOR, BALAJI LAYOUT, HULIMANGALA ROAD, ELECTRONIC CITY, BENGALURU-560 100, NATIVE OF NIGERIA. …PETITIONER (BY SRI. R.V. SHIVANANDA REDDY, ADVOCATE) AND: STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION, BENGALURU-560 100, REPTD. BY STATE PUBLIC PROSECUTOR, ATTACHED TO HIGH COURT BUILDING, VIDHANA SOUDHA, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SPL.C.C.NO.316/2024 (ELECTRONIC CITY POLICE STATION, BANGALORE IN CRIME NO.308/2023) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 20(B), 22(C) OF NDPS ACT, AND 14 OF FOREIGNERS ACT, AGAINST THE PETITIONER/ACCUSED, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30583 CRL.P No. 7951 of 2025 PENDING ON THE FILE OF 8TH ADDL. DISTRICT AND SESSIONS JUDGE AND SPL. JUDGE (NDPS), BANGALORE RURAL DISTRICT, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner being unsuccessful before the learned Sessions Judge has preferred this petition to enlarge him on bail in Spl.C.C.No.316/2024 pending before the Court of VIII Additional District and Sessions Judge and Special Judge (NDPS), Bengaluru Rural District, Bengaluru. 2. Crime is registered in FIR No.308/2023 of Electronic City Police Station for the offence punishable under Section 20(b) and 22(c) of NDPS Act, 1985 and Section 14 of the Foreigners Act, 1946. 3. It is pertinent to mention that the petitioner had approached this Court in Crl.P No.9133/2024 seeking similar relief and the said petition was disposed of, vide - 3 - HC-KAR NC: 2025:KHC:30583 CRL.P No. 7951 of 2025 order dated 25.09.2024 with a request to the trial Court to expedite the trial and to dispose of the case on merits as expeditiously as possible but not later than six months from the date of receipt of a copy of the order. 4. Once again the petitioner preferred a Criminal Petition No.13433/2024 before this Court and the said petition was dismissed as not pressed on 22.01.2025. 5. Learned counsel for petitioner would contend that inspite of a specific direction issued by this Court to dispose of the matter within a stipulated time, the trial is not yet completed and therefore, the petitioner is entitled for bail. 6. It is the case of prosecution that on receiving a credible information on 13.10.2023 at about 7.40 a.m., that a foreign national is trying to sell narcotic drugs behind TVS Showroom, Bettadasanapura Main Road, Beguru Hobli, in a silver color ford icon car, after following the procedure contemplated under law, the complainant - 4 - HC-KAR NC: 2025:KHC:30583 CRL.P No. 7951 of 2025 along with panchas went to the spot, wherein they found the petitioner was trying to sell the drug to the public, as such, he was apprehended and from his possession 75 grams of MDMA and 225 grams of ganja, one weighing machine, plastic cover, mobile phone were recovered. The ford icon car bearing Registration No.KA-03-MB-9682 was also seized, in the presence of panchas. 7. As per FSL report, the sample sent in Article No.1 responded positive for methamphetamine and the sample sent in Article No.2 responded positive for cannabis (ganja). 8. 50 grams being the commercial quantity, 75 grams of methamphetamine seized from the possession of the petitioner is a commercial quantity and in view of seizure of the contraband from the possession of the petitioner, there is a prima facie case against him. In view of Section 37 of NDPS Act, petitioner is not entitled for - 5 - HC-KAR NC: 2025:KHC:30583 CRL.P No. 7951 of 2025 bail, as there are no reasonable grounds made out to believe that he is not guilty of the offence alleged. 9. While disposing of Crl.P No.9133/2024, this Court requested the trial Court to expedite the trial and to dispose of the same within a period of six months from the date of receipt of a copy of the order. Though the case has not been disposed of within the said time, nevertheless the trial is in progress and six of the witnesses are already examined. The incarceration of the petitioner, considering the nature and gravity of the offence and also considering that he is not a permanent resident of Bengaluru, is not a ground to enlarge him on bail. There are chances of fleeing from justice, if the petitioner is enlarged on bail. 10. Learned counsel submits that the petitioner has eye sight defect and he is required to undergo surgery for his eyes. The said contention was taken before the learned Sessions Judge. The learned Sessions Judge has - 6 - HC-KAR NC: 2025:KHC:30583 CRL.P No. 7951 of 2025 observed that if the petitioner has such an issue, he could inform the same to the jail superintendent to provide necessary medical assistance and in the case on hand, the jail authorities have not reported anything about the eye sight issue of the accused. No grounds are made out to enlarge the petitioner on bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/- List No.: 1 Sl No.: 23