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2026 DAILYLAW 30478 (KAR)

INNOCENT MMADU v. STATE OF KARNATAKA

CRL.P/7539/2026 · 2026-07-21

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010357032026 NC: 2026:KHC:37449 CRL.P No. 7539 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7539 OF 2026 BETWEEN: INNOCENT MMADU S/O MR. OSINIKE BROWN, AGED ABOUT 59 YEARS, R/O ONITSHA ANAMBARA STATE NIGERIA, CURRENTLY CONFINED AT THE FOREIGNERS DETENTION CENTRE, NEW ARK OF INDIA MISSION CHARITY STREET, KRC ROAD VISTHAR, SONAM LAYOUT, DODDA GUBBI, BANGALORE - 560 077. …PETITIONER (BY SRI. IGWE REMIGIUS CHIBUEZE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY DJ HALLI POLICE STATION, BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010357032026 NC: 2026:KHC:37449 CRL.P No. 7539 of 2026 AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE FOREIGNERS REGIONAL REGISTRATION OFFICER (FRRO), BUREAU OF IMMIGRATION, 5TH FLOOR, 'A' BLOCK, TTMC, BMTC BUILDING, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. REPRESENTED BY GOVT. COUNSEL. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. GOWTHAMDEV C. ULLAL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR, CHARGE SHEET AND ALL FURTHER PROCEEDINGS IN CR.NO.65/2023 OF D.J.HALLI POLICE STATION, PENDING BEFORE THE HONBLE SPECIAL COURT (XXXIII) FOR NDPS CASES, BENGALURU IN SPL.C.NO.2476/2023, FOR OFFENCES P/U/S 8(c), 21(c) AND 22(c) OF THE NDPS ACT, SEC. 12 OF PASSPORT ACT AND SEC. 14 OF FOREIGNERS ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010357032026 NC: 2026:KHC:37449 CRL.P No. 7539 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court calling in question the proceedings in Spl.C.No.2476/2023 registered for the offences punishable under Sections 21(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 12 of the Passport Act, 1967 and Section 14 of the Foreigners Act, 1946. 2. The learned High Court Government Pleader on instructions and verification of the records would submit that the trial has commenced and the evidence is on. The very allegation against the petitioner is the recovery of MDMA from his hands in the year 2023 and in the light of the trial pending, there is no warrant of interference seeking quashment of the proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in the light of the judgment of the Apex Court in the case of MINAKSHI BALA Vs. SUDHIR KUMAR1, whatever be the reason. 1 (1994) 4 SCC 142 - 4 - HC-KAR CNR: KAHC010357032026 NC: 2026:KHC:37449 CRL.P No. 7539 of 2026 3. Therefore, the petition stands disposed with a liberty to the petitioner to urge all the contentions before the concerned Court during the trial. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 8