- 1 - HC-KAR NC: 2026:KHC:23482 CRL.P No. 1939 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1939 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SIDDARTHA ARUN KUMAR S/O ARUN KUMAR, AGED ABOUT 25 YEARS, R/AT NO.361, 5TH CROSS, 2ND MAIN, 4TH STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. …PETITIONER (BY SRI. SANDESH J CHOUTA., SENIOR ADVOCATE FOR SRI. DHRUVA KUMARA D N., ADVOCATE) AND: STATE BY INSPECTOR OF CUSTOMS SPECIAL INTELLIGENCE AND INVESTIGATION BRANCH (SIIB), AIRPORT AND AIR CARGO COMPLEX DEVANAHALLI, BENGALURU - 560 300. THROUGH SPECIAL PP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI. MADHU N. RAO., SPL.PP) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23482 CRL.P No. 1939 of 2026 THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CASE NO.GEN/INV/SMLG/08/2025-SIIB-O/O- PR.COMMR.CUS-AP AND ACC, BENGALURU (OR NO.76/2025-26, DATED:09.01.2026) FILED BY THE RESPONDENTS FOR ALLEGED OFFENCES UNDER THE PROVISIONS OF SECTION.8(c), 22(c), 23(c),27, 28 AND 29 OF NDPS ACT, 1985, PENDING ON THE FILE OF XXXIII CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES, AT BENGALURU (CCH-33). THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED ON 25.03.2026, COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MR JUSTICE S RACHAIAH CAV ORDER 1. This petition is filed by the petitioner seeking regular bail in case No.GEN/INV/SMLG/08/2025-SIIB–O/o-Pr. Commr-Cus-AP and ACC, Bengaluru (O.R.No.76/2025-26 dated 09.01.2026) for the offences punishable under sections 8(c), 22(c), 23(c), 27, 28 and 29 of the Narcotics - 3 - HC-KAR NC: 2026:KHC:23482 CRL.P No. 1939 of 2026 Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). Brief facts of the case: 2. The case of the prosecution is that, on the basis of credible information about the presence of contraband in the shipment bearing its No.AWB/tracking No.887446326510 dated 08.01.2026 at M/s. FedEx Courier Terminal which was marked for open examination. The details of the consignor was Vivaan Arun Kumar, Netherlands and the shipment was addressed to the petitioner by giving the mobile number. On opening the said parcel, they found 03 numbers of thick papers containing LSD. On weighing the same, it came around 15.123 grams. The address and house of the petitioner was traced and raid was conducted on 09.01.2026. However, no incriminating articles were found in the said residence. The petitioner was apprehended on 10.01.2026. The investigation is under progress. - 4 - HC-KAR NC: 2026:KHC:23482 CRL.P No. 1939 of 2026 3. Heard Sri Sandesh J. Chouta, learned Senior Advocate appearing for Sri Dhruva Kumara D.N., learned counsel for the petitioner and Sri Madhu N. Rao, learned Special Public Prosecutor for the respondent. 4. The submission of learned Senior Counsel Sri Sandesh Chouta for the petitioner is that, the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The petitioner was not aware about the courier package citing him as the consignee and he had not ordered anything from Netherlands. In fact, the telephone number of the consignee, as per AWB, contained nine digits. 5. It is further submitted that the allegation of the respondent - authority that, during the custom checking, it was found that the contraband had been imported by the petitioner which is baseless and bald for the reason that the said alleged contraband had not been ordered by the petitioner. The petitioner is a law abiding and hardworking person and he is aged about 25 years. The petitioner will abide by the conditions to be imposed by - 5 - HC-KAR NC: 2026:KHC:23482 CRL.P No. 1939 of 2026 this Court in the event of his release on bail. Making such submissions, learned Senior Counsel for the petitioner prays to allow the petition. 6. Per contra, learned Special Public Prosecutor for respondent filed statement of objections stating that, the contraband is suspected to be LSD weighing 15.123 grams, which is a scheduled drug under the NDPS Act, 1985. The quantity attempted to be smuggled into the country was well above the commercial quantity. The voluntary statement of the petitioner was recorded. The petitioner was arrested after complying the provisions. The offence committed by the petitioner is serious issue and it is affecting the fabric of the Indian economy and security. 7. It is further submitted that the offence needs to be meticulously investigated to unearth all the links and the investigation is in progress. The respondent is pursuing further investigation to explore all angles connected with the petitioner and the same is yet to be completed. Therefore, it is not appropriate to grant the relief, as - 6 - HC-KAR NC: 2026:KHC:23482 CRL.P No. 1939 of 2026 prayed for. Making such submissions, the learned Special Public Prosecutor for the respondent prays to reject the petition. 8. Heard the learned counsel for the respective parties, and perused the averments of the complaint. It appears that, the petitioner had ordered the consignment, which contained contraband. The consignment was to be delivered to the petitioner. However, the respondent - authority received a credible information that the said consignment was having contraband and the address of the petitioner has been traced and he was arrested. 9. Before arrest could be caused, a search was conducted in the house of the petitioner, however, no contraband was seized or found in the house. Moreover, nowhere it is stated that the petitioner is a habitual offender. Merely because the authority has traced some links suggesting that the petitioner has ordered and the said consignment has been addressed to the petitioner cannot be the sole ground to deny the bail. - 7 - HC-KAR NC: 2026:KHC:23482 CRL.P No. 1939 of 2026 10. Having considered the facts and circumstances and also the antecedents, it is appropriate to grant him bail by imposing suitable conditions. 11. Accordingly, I proceed to pass the following:- ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in case No.GEN/INV/SMLG/08/2025-SIIB–O/o-Pr. Commr-Cus-AP and ACC, Bengaluru (O.R.No.76/2025-26 dated 09.01.2026) registered by the respondent - Authorities, on executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Trial Court. iii) The petitioner shall appear before the Trial Court on all hearing dates without fail. iv) The petitioner shall not leave the jurisdiction of the Court till disposal of the case. - 8 - HC-KAR NC: 2026:KHC:23482 CRL.P No. 1939 of 2026 v) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. vi) The petitioner shall not indulge in any criminal cases till disposal of the case. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE BSS List No.: 1 Sl No.: 2