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2026 Supreme(Online)(Kar) 24686
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. Krishna Kumar, J
JOHN EGWUATU CHINEDU – Appellant
Versus
STATE OF KARNATAKA BY STATION HOUSE OFFICER – Respondent
CRIMINAL PETITION NO.6311 OF 2026
For the Appellants/Petitioners: Sri. Nishit Kumar Shetty
For the Respondents: Sri. Diwakar Maddur, Sri. H. Shanthi Bhushan
The court directed the withdrawal of prosecution against a foreign national charged under the NDPS Act to facilitate their deportation, following the government's Standard Operating Procedure (SOP) designed to prevent the misuse of legal processes to prolong overstay in India.
Headnote:(A) Deportation of Foreign Nationals - Withdrawal of Prosecution - Use of Standard Operating Procedure (SOP) - To prevent misuse of judicial process by foreign nationals who intentionally implicate themselves in criminal offences to delay deportation or gain prolonged stay in India, the government has formulated an SOP for the withdrawal of prosecution to facilitate early deportation. (Para 9)
(B) NDPS Act - Scope of Withdrawal - Under the Model SOP, withdrawal from prosecution may be considered for offences under the NDPS Act which carry a punishment of imprisonment up to ten years to facilitate deportation. (Para 9)
Issues: Whether the prosecution against the petitioner can be withdrawn to facilitate his deportation to Nigeria in accordance with the government's Standard Operating Procedure.
THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN SPL.C.C.NO.1925/2022 (CR.NO.52/2021 OF RAMAMURTHYNAGAR P.S) PENDING ON THE FILE OF THE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS) CCH-33 BENGALURU FOR THE OFFENCE P/U/S 8(C), 21(B), 22(B) OF NDPS ACT 1985 AND SEC.14 OF FOREIGNERS ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
To quash the entire proceedings against the petitioner in Sp.C.C.No.1925/2022 (Cr.No.52/2021 of Ramamurthynagara Police Station) pending on the file of XXXIII Addl. City & Sessions Judge & Spl. Judge (NDPS) (C.C.H.33), Bengaluru for the offences under Section 8(c), 21(B), 22(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 14 of Foreigner’s Act, in the interest of justice.
Heard learned counsel for the petitioner and learned HCGP for respondent Nos.1 and 2 and learned DSGI for respondent No.3.
In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that since the petitioner is already in the Detention Centre pursuant to the impugned proceedings, the present petition may be disposed of in the light of the judgment of this Court in the case of Mis. Osibanjo Mariam Mary Vs. State of Karnataka and others – Crl.P.No.3019/2026 dated 13.03.2026 by directing respondent Nos.1 and 2 – State to withdraw the prosecution and intimate the same to respondent No.3, who shall thereafter take necessary steps to deport the petitioner back to his country i.e., Nigeria within a stipulated time frame.
Per contra, learned HCGP for respondent Nos.1 and 2 and learned DSGI for respondent No.3 submits that the procedure prescribed by this Court in the case of Emeka James Iwoba and another Vs. The State of Karnataka and others – Crl.P.No.11347/2025 dated 04.03.2026 may be followed by this Court while disposing of the present petition.
In Osibanjo Mariam Mary’s case supra, this Court has held as under:
“Petitioner – accused No.1 is before this Court calling in question proceedings in S.C.No.42/2026 (arising out of Crime No.317/2025), pending before the VIII Additional District and Sessions Judge and Special Judge (NDPS), Bengaluru Rural District, Bengaluru, for the offences under Sections 20(b) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Heard Sri T.A.Basavaraju, learned counsel for petitioner, Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent Nos.1 and 2 and Sri Shanthi Bhushan H., learned Deputy Solicitor General of India for respondent No.3.
3. On a credible information by the police on 29.08.2025, that a woman by name Osibanjo Mariam Mary, residing in a house bearing No.74, 3rd Floor, Avalahalli Village, Bengaluru, is selling Cocaine to the public and students and earning illegally, conduct a raid at the said place, arrested the petitioner and seized intermediate quantity of 21 grams of Cocaine from the said house. A crime is then registered against the petitioner, who is said to be a Nigerian citizen, in Crime No.317/2023. Investigation ensue and a charge sheet is filed before the concerned Court. The matter is now pending in Spl.C.No.42/2026. The petitioner was granted bail on 19.11.2025, on certain conditions. Despite granting bail, the petitioner is unable to be released as the surety condition imposed while granting bail is not fulfilled by the petitioner. The petitioner is able to produce only one surety as the petitioner is a Nigerian citizen and does not have any known person to produce the second surety as is directed by the concerned Court. The petitioner wants to go back to her country – Nigeria and therefore, is before this Court seeking quashment of the proceedings and also a direction to
