Reserved on : 05.02.2026 Pronounced on : 04.03.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.11347 OF 2025 BETWEEN:

1 . EMEKA JAMES IWOBA @

AUSTIN NOSO IWOBA S/O. NWOBA, AGED ABOUT 39 YEARS, ANAM VILLAGE, NIGERIA COUNTRY, PRESENTLY R/AT NO. 24/25, 2^ND FLOOR, 6^TH CROSS, KOGILU LAYOUT, BENGALURU – 560 064.

2 . UDERIKE FIDELIS S/O. OKAFOR, AGED ABOUT 34 YEARS, ANAM VILLAGE, NIGERIA COUNTRY, PRESENTLY R/AT NO. 24/25, 2^ND FLOOR, 6^TH CROSS, KOGILU LAYOUT, BENGALURU – 560 064.

... PETITIONERS (BY SRI M.R.BALAKRISHNA, ADVOCATE )

AND:

1 . THE STATE OF KARNATAKA BY SAMPIGEHALLI POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.

2 . MR. SHIVAKUMAR BADNUR POLICE SUB-INSPECTOR, SAMPIGEHALLI POLICE STATION, BENGALURU CITY – 560 092.

3 . THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU – 560 100.

4. FOREIGNERS REGIONAL REGISTRATION OFFICE

5^TH FLOOR, A BLOCK, TTMC BMTC BUS STAND BUILDING K.H.ROAD, THANTHINAGAR BENGALURU – 560 027.

080-22218183 E-MAIL:frroblr-ka@nic.in REPRESENTED BY ITS DIRECTOR.

(AMENDED VIDE COURT ORDER DATED 30.01.2026)

... RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1 TO R-3;

SRI H.SHANTHI BHUSHAN, DSGI FOR R-4)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO SET ASIDE THE ORDER OF ARREST DATED 12.05.2024 BY THE RESPONDENT NO.2 POLICE AND ORDER OF REMAND DATED 13.05.2024 PASSED BY THE HON’BLE XLI A.C.M.M AT BENGALURU IN CR.NO.272/2024 FOR THE ALLEGED OFFENCES P/U/S 8(c), AND 22(C) OF NDPS ACT U/S 14 OF FOREIGNERS ACT AND NOW PENDING ON THE FILE OF THE HON’BLE XXXIV ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE FOR NDPS CASES AT BENGALURU AND SET AT LIBERTY FORTHWITH.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 05.02.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

Petitioners, two in number, are citizens of Nigeria and are at the doors of this Court calling in question an order of remand to judicial custody on the score that the petitioners were not provided with the grounds of arrest at the time when they were taken into custody, particularly in the language known to them.

2. Heard Sri M.R.Balakrishna, learned counsel appearing for the petitioners; Sri B.N.Jagadeesha, learned Additional State Public Prosecutor appearing for respondents 1 to 3 and Sri H. Shanthi Bhushan, learned Deputy Solicitor General of India appearing for respondent No.4.

3. Facts adumbrated are as follows: -

A crime comes to be registered in Crime No.272 of 2024 on

12-05-2024 for offences punishable under Sections 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the Act’ for short) and Section 14 of the Foreigners Act, 1946. The crime is registered by the 2^nd respondent on the credible information received by the defacto complainant that the accused are selling contraband substances such as MDMA crystals and cocaine to their customers – software employees and college students, and are allegedly earning money out of it. The accused are arrested upon the registration of the subject crime. The informant and the panchas have recovered the contraband substance i.e., MDMA crystals weighing 400 grams and cocaine weighing 100 grams. They are said to have been taken into custody on 12-05-2024 at 7.00 p.m. and produced before the concerned Court on 13-05-2024 at about 7.15 p.m. and remanded to judicial custody. The petitioners are accused Nos.1 and 3 in the subject crime, and are before the Court seeking setting aside of the arrest and remand on the ground that they were not informed of grounds of arrest by the law enforcing agency and were not produced before the learned Magistrate within 24 hours as contemplated under the Cr.P.C., and the Constitution of India.

SUBMISSIONS PETITIONERS’:

4. The learned cou