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NC: 2026:KHC:17344 CRL.P No. 4906 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 4906 OF 2026 BETWEEN:

MS. SUSAN GATHONI WANJIRA AGED ABOUT 36 YEARS,

PASSPORT NO-BK440544 R/AT. NYERI KENYA

(NOTE - THIS MUCH OF ADDRESS ONLY FOUND IN THE ENTIRE RECORD,

HENCE MENTIONED ACCORDING TO THE REMAND APPLICATION)

…PETITIONER (BY SRI. BASAVARAJU T A., ADVOCATE)

AND:

1. UNION OF INDIA THOUGH THE INTELLIGENCE OFFICER,

DIRECTORATE OF REVENUE INTELLIGENCE/BANGALORE ZONAL Digitally signed by UNIT NO-8(2) P, OPP. BDA COMPLEX

SANJEEVINI J KARISHETTY HBR LAYOUT KALYANANAGAR Location: High BENGALURU-560043

Court of BANGALURU CITY Karnataka REP. BY STATE PUBLIC PROSECUTOR

PUBLIC PROSECUTORS OFFICE HIGH COURT BUILDING

HIGH COURT OF KARNATAKA AMBEDKAR VEEDI AT BANGALURU- 560 001

2. THE FOREIGNERS REGIONAL REGISTRATION OFFICE (FRRO)

5TH FLOOR, A BLOCK, TTMC, BMTC BUS STAND BUILDING,

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NC: 2026:KHC:17344 CRL.P No. 4906 of 2026

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K.H. ROAD, SHANTHINAGAR, BANGALORE - 560027

…RESPONDENTS (BY SRI.H.SHANTHI BHUSHAN, DSGI)

THIS CRL.P. IS FILED UNDER SECTION.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN F.NO.DRI/BZU/S-IV/ENQ-64/(INT-NIL)/2024 FOR AN OFFENCE P/US/ 8(c),21(C),23(c),28 AND 29 OF NDPS ACT, WHICH IS PENDING ON THE FILE OF THE HONBLE XXXIII ADDL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE

FOR NDPS ACT AT BENGALURU CITY IN SPL.C.NO.1655/2025.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Petitioner – accused is before this Court calling in

question entire proceedings in F.No.DRI/BZU/S-IV/ENQ- 64/(INT-NIL)/2024 and the proceedings in Spl.C.No.1655/2025, pending before the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Act, for the offences punishable under Sections 8(c), 21(c), 23(c), 28

and 29 of the NDPS Act.

2. Heard Sri T.A.Basavaraju, learned counsel for

petitioner and Sri Shanthi Bhushan H., learned Deputy Solicitor

General of India for the respondents.

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3. On 13.11.2024, the respondents – Intelligence Officer

caught the petitioner red-handed while holding a bag of narcotic drugs - Cocaine to a tune of 4188 grams, at the Kempe Gowda International Airport. The petitioner is arrested immediately on recovery of contraband articles. The petitioner being a national of Nyeri, Kenya, is booked under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in F.No.DRI/BZU/S-IV/ENQ-64/(INT- NIL)/2024 and now the case in pending before the Sessions Judge for NDPS offences in Spl.C.C.No.1655/2025 for the afore-quoted offences. The petitioner is granted bail on 20.08.2025 and is unable to be released due to non-compliance of surety conditions in the bail. The concerned Court has already framed charges and the trial is on. Therefore, the petitioner is before this Court pleading that she is suffering from serious ailments and has reached final stage of Human Immunodeficiency Virus (for short ‘HIV’) resulting in the immune system compromised due to Acquired Immunodeficiency Syndrome (for short ‘AIDS’) and prays a direction to respondent No.2 – Foreigners Regional Registration

Office to deport back to her country – Kenya.

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NC: 2026:KHC:17344 CRL.P No. 4906 of 2026

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4. Learned counsel for the petitioner would take this

Court through the averments made in the subject criminal petition and submits that the petitioner is unable to comply with the local surety conditions and wants to go back to her

country as she is suffering from serious illness.

5. Sri Shanthi Bhushan H., learned Deputy Solicitor

General of India appearing for the respondents – the Foreigners Regional Registration Office would submit that detaining the petitioner any longer in the jail or the detention centre would be harmful to other i