- 1 - HC-KAR NC: 2026:KHC:29612 CRL.P No. 4862 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4862 OF 2026 BETWEEN: MOHAMMED ZIDAN V.M AGAD ABOUT 23 YEARS S/O MAHIN CHEMBIRIKA M BAITHUL MUHMINA, VALLIYOD, KALANAD POST KASARGOD, KERALA - 571 317. …PETITIONER (BY SRI K.P. SHAILENDRA SINGH, ADV.) AND: UNION OF INDIA NARCOTICS CONTROL BUREAU BANGALORE ZONAL UNIT YALAHANKA BENGALORE - 560 063 BY SPL. PUBLIC PROSECUTOR. …RESPONDENT (BY SMT. SHRIDEVI BHOSALE M, ADV., (VC)) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER HEREIN ACCUSED IN THE CASE CRIME NCB.CR.NO.48/1/03/2025/BZU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(c), R/W SEC. 20(b)(ii)(B), 28 AND 29 OF NDPS ACT, 1985. PENDING ON THE FILE OF THE XXXIII ACC AND SJ AND SPL. JUDGE (NDPS), BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29612 CRL.P No. 4862 of 2026 ORAL ORDER 1. Accused no.5 in Crime NCB.Cr.No.48/1/03/2025/BZU registered by the respondent-Police for the offences punishable under Sections 8(c) read with 20(b)(ii)(B), 28 & 29 of NDPS Act, 1985, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent who has filed statement of objections opposing the petition. 3. The officers of the respondent based on credible information that large quantity of narcotic substance was attempted to be smuggled by a passenger by name Michael Alphonse who was scheduled to arrive in Kempegowda International Airport, Bengaluru, from Bangkok in Thailand by Indigo Airlines flight No.6E1056 on 06.02.2025, when the aforesaid Michael Alphonse arrived at Bengaluru, he was intercepted and when the trolley bag which he was carrying was checked, it was found that he was carrying contraband article hydroponic ganja totally weighing 1,509 grams in two packets. It is under these circumstances, FIR in Crime NCB.Cr.No.48/1/03/2025/BZU was registered against the aforesaid Michael Alphonse. - 3 - HC-KAR NC: 2026:KHC:29612 CRL.P No. 4862 of 2026 4. During the course of further investigation, based on the confession statement of accused no.1 - Michael Alphonse, one Athul Mohna was also intercepted at Kolkatta Airport and even from his possession, contraband article was seized. In his confession statement, accused no.1 had disclosed that persons by name Rahul Karuvantevida, Mohammed Zidan and Fajnas were behind the drug trafficking. It is under these circumstances, the aforesaid three persons were arrayed as accused in the present case. Apprehending arrest in the said case, petitioner had approached the jurisdictional Sessions Court in Crl. Misc. No.7365/2025, which was rejected on 16.09.2025. Therefore, he is before this Court. 5. Learned Counsel for the petitioner submits that petitioner is a person without any criminal antecedents and is a driver by avocation. He came to know the accused persons during the course of his avocation. He is ready and willing to co-operate with the police for the purpose of investigation. Other accused have been enlarged on regular bail in the present case and similarly situated another accused by name Nevil Harrison has been granted anticipatory bail by this Court in Crl.P.No.15174/2025. Accordingly, he prays to allow the petition. 6. Per contra, learned Counsel appearing for the respondent who has filed her statement of objections, has seriously opposed the bail - 4 - HC-KAR NC: 2026:KHC:29612 CRL.P No. 4862 of 2026 petition. She submits that during the course of investigation, the documents collected would prima facie reflect that petitioner and other accused persons have monetary transactions and the petitioner had traveled multiple times to various countries during the last five years. Therefore, his custodial interrogation is very much necessary for finding out the involvement of other persons in drug trafficking from Thailand. Accordingly, she prays to dismiss the petition. 7. Material on record would go to show that based on credible information, accused no.1 - Michael Alphonse was intercepted in the airport on 06.02.2025 when he arrived at Bengaluru from Bangkok in Thailand. From his possession, contraband article allegedly hydroponic ganja of intermediate quantity has been seized. Based on his confesion statement, another accused was arrested in Kolkatta Airport when he arrived from Bangkok and even from his possession, contraband article allegedly hydroponic ganja was seized. 8. The material made available to this Court by the learned Counsel for the respondent along with statement of objections would go to show that petitioner is an Indian Passport holder and from the year 2020 onwards, he has traveled abroad seven times and on four occasions he had traveled to Thailand. It is the case of the petitioner that he is a driver by avocation and he got acquainted to the accused persons during the course of his avocation. However, his bank - 5 - HC-KAR NC: 2026:KHC:29612 CRL.P No. 4862 of 2026 account statement made available to the court by the learned Counsel for the respondent would go to show that he had multiple transactions amounting to thousands of rupees on various dates with all the other accused persons involved in the present case. The arrested accused have been enlarged on bail considering the fact that they were in possession of contraband article of intermediate quantity. It is not in dispute that the other arrested accused had co- operated with the police for the purpose of investigation. 9. So far as the other accused by name Nevil Harrison who has been granted anticipatory bail in Crl.P. No.15174/2025 is concerned, he had booked air ticket to accused no.3 from Bangkok to Amritsar, and there is no other allegation against him. The FIR numbers in Crl.P.No.15174/2025 and the FIR number in this petition do not tally. Records of this case do not reveal that Nivil Harrizone is arrayed as accused in this case. However, in so far as the petitioner is concerned, his transactions appears to be dubious and all along he has been absconding and has not co-operated with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail cannot be entertained. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK