- 1 - HC-KAR NC: 2026:KHC:31356 CRL.P No. 5378 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. 5378 OF 2026 BETWEEN: LIJO JOSE, S/O JOSE A.A AGED 27 YEARS AMBATTU HOUSE KOCHUKARINTHIRU VI PO ELAPPPRA, IDUKKI - 560 026 (IN JUDICIAL CUSTODY) …PETITIONER (BY SRIRALPH RETI JOHN, ADV., (VC)) AND: UNION OF INDIA BY INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU BANGALORE ZONAL UNIT BENGALURU - 560 063 REPRESENTED BY SPECIAL PP NCB …RESPONDENT (BY SRI GOWTHAMDEV C. ULLAL, ADV.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH NCB CR NO.48/1/31/2023/BZU CURRENTLY PENDING AS SPL.CC NO.76/2024 ON THE FILE OF THE HONBLE COURT OF THE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR THE NDPS ACT AT BANGALORE. 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:31356 CRL.P No. 5378 of 2026 ORAL ORDER 1. Accused No. 3 in Special C.C.No.76 of 2024 pending before the Court of The XXXIII Additional City Civil & Special Judge, Bengaluru, arising out of NCB Crime No.48/1/31/2023/BZU registered by Narcotics Control Bureau, Bengaluru Zonal Unit for offences punishable under Section 8C, 22(C), 23C, 28 and 29 of NDPS Act, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. It is the case of the prosecution that on credible information received by the intelligence officer of NCB, Bengaluru Zonal unit on 18.07.2023, after complying with the requirements of Section 42 of NDPS Act, a team of the NCB have visited DHL Express India Private Limited which is a cargo company at Kempegowda International Airport had opened a suspicious consignment which had arrived from Mexico, in the name of accused no.1 - Vishal Srinivasan. It was found that the said consignment contains contraband article allegedly Lysergic Acid Diethylyamide (LSD) totally weighing 6.624 grams. The - 3 - HC-KAR NC: 2026:KHC:31356 CRL.P No. 5378 of 2026 said consignment was successfully delivered through controlled delivery to accused no.1 - Vishal Srinivasan on 19.07.2023 and thereafter he was arrested on 20.07.2023. 4. Accused no. 1 during the course of his interrogation confessed about booking the consignment and stated that consignment was ordered by accused no.3, who is the petitioner herein. Accused No.1 also stated that he had paid a sum of Rs.1,15,000/- to one Jorge Eduardo Huerta Guerra @ dead head and he had received Rs.1,43,899/- to his payTM account from friends of accused no.3. Accused no.1 had further confessed that accused no.2 also was indulged in drug trafficking and therefore accused no.2 was subsequently arrested on 23.11.2023. In spite of efforts, accused no.3 could not be traced and therefore after completing investigation, complaint was filed as against accused nos.1 to 3 for the aforesaid offences and accused no.3 was shown as absconding in the complaint dated 11.01.2024. The prosecution thereafter had obtained arrest warrant against accused no.3 / petitioner from the trial Court and he was arrested at Dubai on 12.05.2025 and brought back to India and was produced before - 4 - HC-KAR NC: 2026:KHC:31356 CRL.P No. 5378 of 2026 the trial Court on 13.05.2025. His bail application filed before the trial Court in Special C.C.No.76 of 2024 was rejected on 24.06.2025. It is under these circumstances, he is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that, there is no seizure of contraband articles from the possession of the petitioner in the present case. Accused No.2 as against whom similar allegations is found has been enlarged on bail in the present case. The petitioner is ready and willing to cooperate with the police for the purposes of the investigation. Only based on the confession of accused no.1, petitioner has been arrested. Accordingly, he prays to allow the petition. 6. Per contra, learned counsel appearing for the respondent, who has filed statement of objection opposing the bail application, submits that, petitioner is a person with criminal antecedents. There is material to show that the consignment was ordered by him and petitioner had financial transaction with accused no.1. They were throughout in contact over phone. After the present case was registered, accused - 5 - HC-KAR NC: 2026:KHC:31356 CRL.P No. 5378 of 2026 no.3 had escaped to Dubai. In the event he is enlarged on bail, there is a flight risk. Accordingly, he prays to dismiss the petition. 7. It is not in dispute the contraband articles seized in the present case is of commercial quantity. Material collected by the prosecution during the course of investigation would go to show that petitioner was in contact with accused no.1 for the last many years and there are multiple monetary transactions between them. Accused no.1 has confessed that the contraband article recovered in present case was booked by him on instructions from the petitioner herein and he had received payment for the same, from accused no.3, through his friends. 8. During the course of investigation, it was found that accused no.1 had ordered multiple shipments of contraband articles from the Mexican supplier from the year 2021 onwards. Petitioner is a person with criminal antecedents and he was earlier involved in a similar case registered by Madukkari Police Station in Tamil Nadu State wherein the seized contraband article was of commercial quantity. Subsequently he was also - 6 - HC-KAR NC: 2026:KHC:31356 CRL.P No. 5378 of 2026 involved in another case registered for the offences punishable under the provisions of NDPS Act, by Peramangalam Police Station, Kerala State. After the present case was registered, the petitioner, who came to know about the same had managed to flee to Dubai and in spite of best efforts made the police could not apprehend him. It appears that the petitioner who was in Sharjah was arrested and handed over to Dubai Police who in turn had handed over him to the NCB on 12.05.2025 and thereafter he was brought and produced before the trial Court on 13.05.2025 and subsequently remanded to judicial custody. 9. Since the petitioner is involved in multiple cases of similar nature prior to registration of the present case, in view of the rigor under Section 37(1)(b) of the NDPS Act, petitioner's prayer for release on regular bail cannot be entertained. Further, as rightly contented by the prosecution, the chances of the petitioner fleeing away from justice in the event of him being released on bail cannot be ruled out having regard to the fact that he had earlier managed to flee to Dubai after the present case was registered against him. Accused - 7 - HC-KAR NC: 2026:KHC:31356 CRL.P No. 5378 of 2026 no.2 was granted regular bail considering the material available against him and also since he had no similar criminal antecedent. Though there is no seizure of contraband article from the petitioner the other material collected by police makes out a prima-facie case against the petitioner. 10. Material made available to this Court would go to show that charges in the present case has been framed by the trial Court in the month of September, 2025 itself. The case before the trial Court is now at the stage of trial. Under the circumstances at this stage, if the petitioner is enlarged on bail, the progress of the trial may be hindered, in the event, the petitioner does not cooperate / flees away from justice. Under the circumstances I am of the opinion that a prayer for grant of regular bail cannot be entertained at this stage. 11. Accordingly, criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 53