Reserved on : 25.10.2025 Pronounced on : 08.01.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.3473 OF 2024 BETWEEN:

JUNAID HUSSAIN HAVERI SON OF ANWAR HAVERI AGED ABOUT 24 YEARS PRESENTLY RESIDING AT VILLA 14, AVRNAKSHATRA VILLA HANUMA REDDY LAYOUT CHINNAPANAHALLI BENGALURU – 560 037 PERMANENT ADDRESS PLOT NO.B1, BARKAT VILLA OPPOSITE GOVERNMENT QUARTERS SANTHOSH NAGAR, HUBLI – 580 032.

... PETITIONER (BY MS. KEERTHI KRISHNA REDDY, ADVOCATE)

AND:

UNION OF INDIA BY INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU BENGALURU ZONAL UNIT BENGALURU – 560 093.

... RESPONDENT (BY SRI K.ARVIND KAMATH, ADDL. SOLICITOR GENERAL A/W., SMT. SHRIDEVI M.BHOSLE, CGC)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT / CHARGE SHEET IN SPL.C.C.NO.2932/2023 (NCB CR.NO.48/1/24/2023/BZU) ON THE FILE OF 33^RD ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) BENGALURU FOR THE ALLEGED OFFENCE P/U/S 8(c) READ WITH SECTION 22(c), 23(c), 27, 27A, 28 AND 29 OF NDPS ACT IN RESPECT OF THE PETITIONER AND PASS ANY OTHER SUCH ORDER AS DEEM FIT.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 25.10.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioner/accused No.3 is before this Court calling in question proceedings in Special C.C.No.2932 of 2023, pending before the 33^rd Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, registered for offences punishable under Sections 22(c), 23(c), 27, 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the Act’ for short).

2. Heard Ms. Keerthi Krishna Reddy, learned counsel appearing for the petitioner and Sri K.Arvind Kamath, learned Additional Solicitor General along with Smt. Shridevi M. Bhosle, learned Central Government Counsel appearing for the respondent.

3. Facts, in brief, germane are as follows: -

A complaint comes to be registered by the respondent before the Special Judge under Section 36A of the Act alleging offences punishable as afore-quoted. It is alleged that pursuant to a credible information received by the Intelligence Officer of Narcotics Control Bureau (‘NCB’), that one speed post parcel sent from Coimbatore destined to Marathalli Colony Sub-Post Office was suspected to be containing drug concealment and would reach Marathalli Sub-Post Office on 20-06-2023. The said information was taken down in Form, NCB-I. The team reached the Sub-Post Office on 20-06- 2023, at around 14.30 hours and on the written request, the Post Master handed over the parcel to the Investigating Officer. It was seen that the shipper address was mentioned as Global Wisdom Centre and the receiver address was mentioned as the name of the petitioner. Further, on opening the same, it was found that there were four blank pages; one folded blank page; on opening of the blank page, a plastic pouch was found, which was containing silver foil, containing 50 blot papers in a printed pattern, which is believed to be LSD tablets and were weighed and the net weight of which came to 0.560 gms. This led to drawing of a panchanama as per law and the Investigating Officer requested the Post Master to deliver a dummy parcel bearing the same number at the assignee address. The Post Master is said to have delivered a dummy parcel and a person receives the parcel after affixing his signature. The Investigating Officer intercepts the person and upon inquiry, the name of the petitioner is revealed by the said person and summons was issued to the petitioner under Section 67(2) of the Act.

3.1. On interrogation, it was revealed that his friend Abhay Kumar, accused No.2 who was his previous roommate, who has now moved to IIM-B Hostel, telephonically informed that a parcel which was addressed in the name of the petitioner wil