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2026 DAILYLAW 50771 (KAR)

SRI. GURPREET SINGH v. UNION OF INDIA

CRL.P/14543/2025 · 2026-01-20

Shivashankar Amarannavar

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Judgment text

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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON’BLE Mr. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14543/2025 BETWEEN : 1. SRI GURPREET SINGH S/O PAVITTER SINGH AGED ABOUT 30 YEARS R/AT:No.41, BLOCK –F SUNDERSHAN PARK RAMESH NAGAR, WEST DELHI NEW DELHI – 110 015. INDICATED IN COMPLAINT AS SRI GURPREET SINGH S/O PAVITTER R/AT:A-179, 4TH FLOOR SUDARSHAN PARK, MOTI NAGAR NEW DELHI-110 015. 2. SRI SUKHJINDER SINGH BHOGAL S/O BALVIR SINGH BHOGAL AGED ABOUT 23 YEARS R/AT:MISHRA COLONY DEEPAK NURSING HOME BACK SIDE KASHIRAMPUR MALLA KOTDWARA, PURI GARHWAL UTTARAKHAND – 246 149. 2 INDICATED IN COMPLAINT AS SRI SUKHJINDER SINGH BHOGAL S/O BALVIR SINGH BHOGAL R/AT. A-179, 4TH FLOOR SUDARSHAN PARK, MOTI NAGAR NEW DELHI – 110 015. … PETITIONERS (BY SRI ABHIMANYU DEVAIAH, ADVOCATE) AND : UNION OF INDIA THROUGH, INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE BENGALURU ZONAL UNIT No.8(2)P, OPP. BDA COMPLEX HBR LAYOUT, KALYANAGAR POST BANASAWADI, BENGALURU – 560 043. REP BY ITS:CGC HIGH COURT OF KARNATAKA BENGALURU – 560 001. … RESPONDENT (BY SRI MADHU N RAO, SENIOR STANDING COUNSEL) --- THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF THE BNSS, 2023 PRAYING TO GRANT BAIL TO THE PETITIONERS WHO ARE ARRAIGNED AS ACCUSED Nos. 7 AND 8 IN F.No.DRI/BZU/S-IV/ENQ-31(INT-NIL)/2025 REGISTED BY RESPONDENT DIRECTORATE OF REVENUE INTELLIGENCE POLICE, PRESENTLY PENDING ON THE FILE OF HON’BLE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL COURT FOR NDPS CASES, 3 AT BENGALURU, FOR THE OFFENCE OF SECTIONS 8(c) READ WITH 20, 23, 28 AND 29 OF NDPS ACT. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 12.01.2026, THIS DAY, SHIVASHANKAR AMARANNAVAR J, DELIVERED THE FOLLOWING; CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CAV ORDER 1. This petition is filed by accused Nos. 7 and 8 under Section 483 of BNSS praying to grant bail in F.No. DRI/BZU/S-IV/ENQ-31(INT-NIL)/2025 registered by respondent – Directorate of Revenue Intelligence. 2. Heard learned counsel for petitioners and learned counsel for respondent. 3. Learned counsel for petitioners would contend that except the Indian currency and foreign currency nothing has been seized from the possession of the petitioners. Petitioners are not found possessing any contraband. Petitioners are not having any nexus with the crime syndicate. The money found with the petitioners is of 4 their business of real estate. Petitioners are not having any connection with other accused. Petitioners are in custody since 22.08.2025 and as major portion of investigation is over they are not required for further custodial interrogation. With this he prayed to allow the petition. 4. Per contra, learned counsel for respondent would contend that the DRI have conducted operation by name `weed out’. In the said operation accused Nos. 1 and 2 were found possessing 29 KGs of Ganja. In the said operation accused Nos.3 and 4 were found possessing 14,975 and 2,983 GMs respectively. Accused No.1 revealed that he knows and seen pictures of accused Nos.5 and 6 and based on that search operations were carried out in Bhopal railway station and accused Nos.5 and 6 were arrested and they were possessing 24 KGs of Ganja and they were found traveling from Bhopal to Delhi. In the search operations conducted in the premises of petitioners - accused Nos.7 and 8 they were found possessing huge 5 Indian currency and also foreign currency which were seized along with mobile phones. The mobile phone of accused No. 8 was found in the premises of accused No. 7. In the mobile of accused No. 8 the passport of accused No. 3 has been seen and there were chat recording pertaining to accused No.3 and they have been recovered. The whatsapp chat between accused Nos.7 and 8 were extracted from the mobile phone of accused No. 8 which contains summary of hawala transactions. The whatsapp chats of accused No. 8 contain names of different flavours of hydroponic weed etc. Considering the above aspects petitioners – accused Nos.7 and 8 are guilty of harboring offenders involved in narcotic and are involved in illicit financing of such activities and criminal conspiracy attracting offence under Sections 20, 27-A and 29 of NDPS Act. The role of petitioners is central to conspiracy, financing and trading of narcotics and materials and they are primary link with the other accused persons. The 6 offences alleged against the petitioners involved seizure of commercial quantity of Ganja and therefore, the rigour of Section 27 of the NDPS Act is attracted. He further contended that even though the petitioners were not found possessing the contraband they can be linked with the other accused who were found possessing commercial quantity of contraband. On that point he placed reliance on the following decisions: a. Union of India Vs. Md.Nawaz Khan, 2021-37B-ELT- 245-SC b. Harpreet Singh Talwar Vs. The State of Gujarat, SLP No. 8878/2024 c. Nartocits Control Bureau Vs. Mohit Agarwal, MANU/SC/0899/2022 On these grounds learned counsel for respondent prays for rejection of the petition. 5. Having heard the learned counsel, the Court has perused the materials placed on record. 7 6. Learned counsel for respondent in his synopsis of written arguments has stated in paragraphs 3 to 15 the role of the petitioners. Said paragraphs are as under: “3. Accordingly search operations took place at KSR railway station, Bangalore, wherein consequently Accused No.1 (Tajinder Singh) and No.2 (Jasleen Kaur) were arrested for possessing 29880 gms of Ganja (Commercial Quantity) with 3 bags on 21.08.2025. Mahazar was drawn in terms of Law. Statements were obtained from Accused No.1 (Tajinder Singh) and No. 2 (Jasleen Kaur) under Section 67 of the NDPS Act, 1985 and other incriminating evidences were recovered. 4. While interrogation, Accused No.1 (Gurpreet Singh) revealed that there were 2 more persons were also involved in this activity and named Accused No.3 (Srajan Shetty) and Accused No.4 (Shravan Shetty) and specifically told that there were in one "Hotel orchid Bloom". Consequently, search operations went on in the said Hotel and accordingly Accused No.4 (Shravan Shetty) was in Room No.303 and Accused no.3 (Srajan Shetty) was in Room No. 502. Accused No.4 (Shravan Shetty) was arrested for possessing Ganja with 14975 gms and Accused no.3 (Srajan Shetty) was arrested for 8 possessing ganja for 2983 gms accordingly in terms of NDPS Act. 5. Accused No.1 (Tajinder Singh) also revealed that he knows and had seen pictures of Accused No.5 (Upkar Singh) and Accused No.6 (Sirjan Singh). Based on the revelations of Accused No.1 (Tajinder Singh), search operations were carried on in Bhopal Railway Station and arrested Accused No.5 (Upkar Singh) and Accused No.6 (Sirjan Singh). 24 kgs of Ganja were recovered from Accused No.5 and Accused No.6 while they were travelling to Delhi on 20/21.08.2025. 6. Further, based on intelligence inputs, search operations were carried out on the premises of Accused No.7 (Gurpreet Singh) at No.A-179, 4TH Floor, Sudarshan Park, Moti Nagar, New Delhi- 110015. Incriminating materials were seized. Based on his statement that Accused No.8 (Sukhjinder Singh Bhogal) is also residing at A-213, 4th Floor, Sudarshan Park, Moti Nagar, New Delhi 110015, Search operations were carried out at A-213, 4th Floor, Sudarshan Park, Moti Nagar, New Delhi 110015, where Accused No.8 (Sukhjinder Singh Bhogal) was residing. 9 7. The following were incriminating materials were recovered from the residential premises of Accused No.7(Gurpreet Singh) a. Rs. 1.02 crores which is the sale consideration of ganja b. 8500 UAE Dirhams, 810 Thai Bhat c. Currency Counting machine d. Mobile phones e. Phone in the name of Accused No.8 in Accused No premises. f. Other incriminating devices and documents 8. The following were incriminating materials were recovered from the residential premises of Accused No.8 (Sukhjinder Singh Bhogal) a. Rs. 1 Lakh which is the sale consideration of Ganja 9. Accused No. 7(Gurpreet Singh) reveals that he has lots of Crypto currency transactions done for the narcotics trade. He also confessed that the seized currencies had been given by his Brother, Harpreet Singh. 10. From the seized mobile phones of Accused No.8 (Sukhjinder Singh Bhogal), Passport number C2635297 of Srajan Shetty (Accused No 3), voucher 10 detail in the name of Shri. Srajan Shetty (Accused No.3) and a copy of chat regarding Shri. Srajan Shetty (Accused No.3) respectively have been recovered. 11. The copies of the WhatsApp chats between Shri. Gurpreet singh Accused No.7) and Shri. Sukhjinder Singh (Accused No.8), and attested by Accused 8 were extracted from the mobile phone of Accused-No.8 (Sukhjinder Singh Bhogal). They have details of summary of hawala transactions entered. 12. The copies of the WhatsApp chats between one phone number +6* ******1* and Shri. Sukhjinder Singh (Accused No.8), were extracted from the mobile phone of Accused No.8. It contains the names of different flavours of hydroponic weeds such as RS11, Rainbow marker, Cream berry, Tropicana C, Keto Kush, Keta Kush, Milk & Cookies. 13. The copies of the WhatsApp chats between Shri. Gurpreet Singh (Accused No.7) and one number +6**32******, were extracted from the mobile phone of Accused No.7, which contains the details of various hawala transactions related to the sale proceeds of hydroponic weed. 14. Accused No.1, 2 3, 4 5 6 Accused No.7 (Gurpreet Singh) and 8 (Sukhjinder Singh Bhogal) are consciously involved in the handling of Narcotics 11 and involved in facilitating and conspiracy involved in Narcotics trade. Accused No.7 and 8 are guilty of harbouring offenders involved in Narcotics and for illicit financing of such activities and also for criminal conspiracy under Section 20, 27A, 29 and other provisions of the NDPS Act, 1985 15. In the present case, the Accused No.7 (Gurpreet Singh) and 8 (Sukhjinder Singh Bhogal) role is central to the conspiracy, financing and Trading Narcotics and materials prove that they both have acted as the primary link other Accused in the said case. This shows the intention of the Accused No.7 (Gurpreet Singh) and 8 (Sukhjinder Singh Bhogal) and the culpable state of mind and therefore, the Accused No.7 and 8, cannot hide behind a veil of alleged ignorance of the law. Hence there is a link between all the accused in the said case and Accused No.7 and 8 have facilitated narcotics trade and hence conspiracy is primary in nature.” 7. A perusal of the said paragraphs and material placed on record indicate that commercial quantity of Ganja has been seized from possession of accused Nos.1 to 3. 12 Accused No.4 was found possession 2983 GMs of Ganja. Accused Nos.5 and 6 were found possessing 24 KGs of Ganja, which were recovered from accused Nos.5 and 6 when they were traveling from Bhopal to Delhi. On search of the premises of petitioners – accused Nos.7 and 8, huge currency was found including Indian and foreign currency with currency counting machine, mobile phones and they have been seized under mahazar. Accused No.7 has lots of crypto currency transactions done for the narcotic trade. The mobile phone of accused No.8 contained copy of passport of accused No.3, voucher detail in the name of accused No. 3 and chat of accused No.3. Said chats contained in the mobile were extracted. 8. Considering the above aspects there is role of these petitioners, they are found involved in trading in narcotics and other material and financing the accused persons who are involved in trading narcotics. 13 9. The matter is still under investigation. If the petitioners are granted bail, there are chances of they hampering investigating and tampering the prosecution witnesses. 10. Considering the above aspects the petitioners have not made out any grounds for grant of bail at this stage when investigation is in progress. In view of the above the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS Ct.sm