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2025 DAILYLAW 88015 (KAR)

MR. NEVIL HARRISON v. UNION OF INDIA

CRL.P/15174/2025 · 2025-12-12

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52954 CRL.P No. 15174 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15174 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MR. NEVIL HARRISON C/O HARRISON D AGED ABOUT 27 YEARS R/O 34/734 A, GRACE VILLA NEAR GANDHI ASHRAMAM CALICUT CIVIL STATION PO CALICUT CIVIL STATION DIST KOZHIKODE KERALA – 673 020. …PETITIONER (BY SRI. NISAR SAB, ADVOCATE) AND: 1. UNION OF INDIA NARCOTICS CONTROL BUREAU BANGALORE ZONAL UNIT THROUGH SECRETARY BENGALURU - 560 063 REPRSENTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU -560 001 …RESPONDENT (BY SRI GOWTHAMDEV C ULLAL, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52954 CRL.P No. 15174 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT OFFICIALS TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN NCB.F.No.48/1/15/2025/BZU FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 8(c) R/W 20(b)(ii)(B), 23(B), 28 AND 29 OF NDPS ACT, REGISTERED BY THE RESPONDENT/ SUB INSPECTOR, NCB, BZU, BANGALORE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner under Section 482 of BNSS praying to grant anticipatory bail in NCB.F.No.48/1/15/2025/BZU, registered for offences under Section 8(c) read with 20(b)(ii)(B), 23(B), 28 and 29 of NDPS Act. 2.Heard learned counsel for petitioner and learned counsel for the respondent. 3. Learned counsel for petitioner would contend that the petitioner has been issued with two notices dated 01.09.2025 and 08.09.2025 to appear for investigation and therefore, he apprehends his arrest. The allegation against - 3 - HC-KAR NC: 2025:KHC:52954 CRL.P No. 15174 of 2025 this petitioner is that he booked air ticket for travel of accused No.3 from Bangkok to Amritsar for travel dated 21.04.2025 and amount for the said travel bill has been paid through the account of this petitioner. There is no allegation against this petitioner of possessing any contraband. The contraband has been seized from possession of accused Nos.1 to 3 and it is intermediate quantity. The petitioner is ready to co-operate with the police in the investigation. With this he prayed to allow the petition. 4. Per contra, learned counsel for the respondent would contend that the petitioner has booked Air ticket for travel of accused No.3 from Bangkok to Amritsar by making payment of Rs.15,352/- through his bank account with Federal Bank and payment has been made on 20.04.2025. Accused No.3 who travelled from Bangkok to Amritsar is found possessing 6.360 kgs of ganja. Considering the same the petitioner is involved in dealing with the narcotic drugs. The petitioner is required for custodial interrogation. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:52954 CRL.P No. 15174 of 2025 5. Having heard the learned counsels, the Court has perused the materials placed on record. 6. It is a case of the prosecution that accused No.3 travelled from Bangkok to Amritsar and in his check-in luggage, 6.360 kg of ganja was found and it was seized under mahazar. The ticket for accused No.3 to travel from Bangkok to Amritsar has been stated to be booked by this petitioner and he made payment through his account with Federal Bank on 20.04.2025 in a sum of Rs.15,352/-. Except that he has booked a ticket for travel of accused No.3 from Bangkok to Amritsar, at present there are no other allegations against the petitioner. The petitioner is ready to co-operate with IO in investigation. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. In the result, following: - 5 - HC-KAR NC: 2025:KHC:52954 CRL.P No. 15174 of 2025 ORDER The petition is allowed. The petitioner is ordered to be released on bail, in the event of his arrest, NCB.F.No.48/1/15/2025/BZU, registered for offences under Section 8(c) read with 20(b)(ii)(B), 23(B), 28 and 29 of NDPS Act, subject to following conditions: (i) The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the IO. (ii) The petitioner shall co-operate with the IO in the investigation and appear before the IO whenever called for. (iii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:52954 CRL.P No. 15174 of 2025 (iv) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 4 Ct.sm