CRL.P/1939/2026 of SIDDARTHA ARUN KUMAR Vs STATE BY on 27 April 2026

HC-KAR

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

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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

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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.

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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

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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

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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.

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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:-