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2026 DAILYLAW 24138 (KAR)

MR. SELVA KUMAR S (A-1) v. UNION OF INDIA

CRL.P/6116/2026 · 2026-06-24

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32277 CRL.P No. 6116 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6116 OF 2026 BETWEEN: MR. SELVA KUMAR S S/O SUGUMARAN AGED ABOUT 29 YEARS R/AT NO.5/967, ROJA NAGAR SILAPADI, DINDIGAL - 624 005. …PETITIONER (BY SRI NAGARAJ K.G, ADV.) AND: UNION OF INDIA NARCOTIC CONTROL BUREAU (BZU) REP. BY THROUGH SPL. PP BENGALURU - 560 009. …RESPONDENT (BY SRI S. RAJASHEKAR, ADV.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN SPL. C. NO.2257 OF 2025 [ARISES OUT OF CRIME F.NO.48/1/11/2025/BZU REGISTERED BY THE RESPONDENT NCB], PENDING ON THE FILE OF XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE (NDPS) [CCH- 33], AT BENGALURU FOR THE OFFENSES PUNISHABLE UNDER SECTIONS 8(C) R/W SECTION 22(c), 23(c), 27-A, 28 AND 29 OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Special Case No.2257 of 2025, pending before the Court of XXXIII Addl. City Civil & Sessions Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32277 CRL.P No. 6116 of 2026 Judge, Spl. Judge (NDPS), Bengaluru arising out of Crime No. 48/1/11/2025/NCB/BZU registered by respondent for the offence punishable under Sections 8(C) R/w Section 22(c), 23(c), 27A, 28 & 29 of the NDPS Act is before this Court in this petition filed under Section 483 of the BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. It is the case of the prosecution that on 12.03.2025 at about 15 hours, based on credible information that a parcel / shipment bearing number No.1Z53T6ZW0420001215 lying at UPS Pvt Ltd., Express Cargo Terminal, Kempegowda International Airport, Bengaluru was suspected to be containing narcotic drug, the officers of NCB reached at the said courier company and opened the parcel in front of the staff of the company. It was found that the said parcel which was addressed to one Kailasa, T.N. Kailasa Education Trust, Om Sakthikovil street, Tamil Nadu-624005 contained 34 pink and 19 blue coloured pills which were suspected to be contraband article allegedly "MDMA pills". Subsequently, a call was made to - 3 - HC-KAR NC: 2026:KHC:32277 CRL.P No. 6116 of 2026 the consignee, whose mobile phone was found on the parcel and one Arun Pandi said to be the friend of petitioner came to the logistic company to received the parcel. After the said Arun Pandi was intercepted by the officials of NCB, on enquiry, he informed that at the request of Selvakumar (accused No.1) he had come to receive the parcel. Thereafter, on 23.04.2025 the presence of Selvakumar was secured and his statement was recorded and he admitted to have booked the parcel along with his associate Hari Bala Murugan, who is arraigned as accused no.2 in the present case. Subsequently, petitioner was arrested in the present case on 23.04.2025 and thereafter, accused no.2 was arrested and a complaint is now filed before the trial Court for the aforesaid offences against accused nos.1 to 3. It is not in dispute that the seized contraband article is of commercial quantity. 4. Material made available to this Court by learned counsel for the respondent, who has filed his statement of objection would reveals that petitioner had deposited a sum of ₹.24,500/- for booking the parcel in question and thereafter accused no.2 had booked the same with the France Supplier - 4 - HC-KAR NC: 2026:KHC:32277 CRL.P No. 6116 of 2026 Captain Sandoz in Telegraph handle at Captnpano whose name is displayed as "PanoRamix". Subsequently, the France Supplier Captain Sandoz had dispatched the consignment in the name of "Kailasa" and the Airway bill was provided by the France Supplier Captain Sandoz to the petitioner herein. Accused no.2 is said to be a person having similar criminal antecedents. 5. Perusal of the complaint now filed after investigation would go to show that, on the date of arrival of the consignment at Bengaluru, the petitioner and accused no.2 had talked to each them over the phone 26 times. Even earlier to that, petitioner had contacted accused no.2 and also the aforesaid Arun Pandi, who initially came to the logistics company for collecting the parcel. 6. The CDR on 19.03.2025 would go to show that, accused Nos.1 and 2 were coordinating with aforesaid Arun Pandi and also one Ganesan of the Logistic Company for the purpose of taking delivery of the shipment. Between 01.03.2025 to 19.03.2025, approximately about 480 calls were made between accused no.1 and 2. The transaction between - 5 - HC-KAR NC: 2026:KHC:32277 CRL.P No. 6116 of 2026 the petitioner and accused no.2 is also supported by the bank statement of accused persons collected by investigation officer during the course of investigation. 7. In view of the aforesaid aspects of the matter and since the contraband article is of commercial quality, the rigor under Section 37(1)(b) of the NDPS Act would be applicable to the present case. Accused no.2, who has been arrested in the present case is in judicial custody. It is not the case of the petitioner that recovery of the contraband article was made without complying the mandatory provisions of the Act. Under the circumstances, I am of the opinion that at this stage petitioner's prayer for grant of regular bail cannot be entertained. 8. Accordingly, criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 60