Full Judgment Text
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 20 DAY OF JANUARY, 2026
BEFORE
THE HON’BLE Mr. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 14543/2025
BETWEEN :
1. SRI GURPREET SINGH
S/O PAVITTER SINGH
AGED ABOUT 30 YEARS
R/AT:No.41, BLOCK –F
SUNDERSHAN PARK
RAMESH NAGAR, WEST DELHI
NEW DELHI – 110 015.
INDICATED IN COMPLAINT AS
SRI GURPREET SINGH
S/O PAVITTER
TH
R/AT:A-179, 4 FLOOR
SUDARSHAN PARK, MOTI NAGAR
NEW DELHI-110 015.
2. SRI SUKHJINDER SINGH BHOGAL
S/O BALVIR SINGH BHOGAL
AGED ABOUT 23 YEARS
R/AT:MISHRA COLONY
DEEPAK NURSING HOME BACK SIDE
KASHIRAMPUR MALLA
KOTDWARA, PURI GARHWAL
UTTARAKHAND – 246 149.
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INDICATED IN COMPLAINT AS
SRI SUKHJINDER SINGH BHOGAL
S/O BALVIR SINGH BHOGAL
TH
R/AT. A-179, 4 FLOOR
SUDARSHAN PARK, MOTI NAGAR
NEW DELHI – 110 015.
… PETITIONERS
(BY SRI ABHIMANYU DEVAIAH, ADVOCATE)
AND :
UNION OF INDIA
THROUGH, INTELLIGENCE OFFICER
DIRECTORATE OF REVENUE INTELLIGENCE
BENGALURU ZONAL UNIT
No.8(2)P, OPP. BDA COMPLEX
HBR LAYOUT, KALYANAGAR POST
BANASAWADI, BENGALURU – 560 043.
REP BY ITS:CGC
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
… RESPONDENT
(BY SRI MADHU N RAO, SENIOR STANDING COUNSEL)
---
THIS CRIMINAL PETITION IS FILED UNDER SECTION
483 OF THE BNSS, 2023 PRAYING TO GRANT BAIL TO THE
PETITIONERS WHO ARE ARRAIGNED AS ACCUSED Nos. 7
AND 8 IN F.No.DRI/BZU/S-IV/ENQ-31(INT-NIL)/2025
REGISTED BY RESPONDENT DIRECTORATE OF REVENUE
INTELLIGENCE POLICE, PRESENTLY PENDING ON THE FILE
OF HON’BLE XXXIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AND SPECIAL COURT FOR NDPS CASES,
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AT BENGALURU, FOR THE OFFENCE OF SECTIONS 8(c)
READ WITH 20, 23, 28 AND 29 OF NDPS ACT.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 12.01.2026, THIS DAY,
SHIVASHANKAR AMARANNAVAR J
, DELIVERED THE
FOLLOWING;
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CAV ORDER
1. This petition is filed by accused Nos. 7 and 8
under Section 483 of BNSS praying to grant bail in F.No.
DRI/BZU/S-IV/ENQ-31(INT-NIL)/2025 registered by
respondent – Directorate of Revenue Intelligence.
2. Heard learned counsel for petitioners and
learned counsel for respondent.
3. Learned counsel for petitioners would contend
that except the Indian currency and foreign currency
nothing has been seized from the possession of the
petitioners. Petitioners are not found possessing any
contraband. Petitioners are not having any nexus with the
crime syndicate. The money found with the petitioners is of
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their business of real estate. Petitioners are not having any
connection with other accused. Petitioners are in custody
since 22.08.2025 and as major portion of investigation is
over they are not required for further custodial
interrogation. With this he prayed to allow the petition.
4. Per contra , learned counsel for respondent would
contend that the DRI have conducted operation by name
`weed out’. In the said operation accused Nos. 1 and 2
were found possessing 29 KGs of Ganja. In the said
operation accused Nos.3 and 4 were found possessing
14,975 and 2,983 GMs respectively. Accused No.1 revealed
that he knows and seen pictures of accused Nos.5 and 6
and based on that search operations were carried out in
Bhopal railway station and accused Nos.5 and 6 were
arrested and they were possessing 24 KGs of Ganja and
they were found traveling from Bhopal to Delhi. In the
search operations conducted in the premises of petitioners -
accused Nos.7 and 8 they were found possessing huge
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Indian currency and also foreign currency which were
seized along with mobile phones. The mobile phone of
accused No. 8 was found in the premises of accused No. 7.
In the mobile of accused No. 8 the passport of accused No.
3 has been seen and there were chat recording pertaining
to accused No.3 and they have been recovered. The
whatsapp chat between accused Nos.7 and 8 were
extracted from the mobile phone of accused No. 8 which
contains summary of hawala transactions. The whatsapp
chats of accused No. 8 contain names of different flavours
of hydroponic weed etc. Considering the above aspects
petitioners – accused Nos.7 and 8 are guilty of harboring
offenders involved in narcotic and are involved in illicit
financing of such activities and criminal conspiracy
attracting offence under Sections 20, 27-A and 29 of NDPS
Act. The role of petitioners is central to conspiracy,
financing and trading of narcotics and materials and they
are primary link with the other accused persons. The
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offences alleged against the petitioners involved seizure of
commercial quantity of Ganja and therefore, the rigour of
Section 27 of the NDPS Act is attracted. He further
contended that even though the petitioners were not found
possessing the contraband they can be linked with the
other accused who were found possessing commercial
quantity of contraband. On that point he placed reliance on
the following decisions:
a. Union of India Vs. Md.Nawaz Khan, 2021-37B-ELT-
245-SC
b. Harpreet Singh Talwar Vs. The State of Gujarat,
SLP No. 8878/2024
c. Nartocits Control Bureau Vs. Mohit Agarwal,
MANU/SC/0899/2022
On these grounds learned counsel for respondent
prays for rejection of the petition.
5. Having heard the learned counsel, the Court has
perused the materials placed on record.
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6. Learned counsel for respondent in his synopsis of
written arguments has stated in paragraphs 3 to 15 the role
of the petitioners. Said paragraphs are as under:
“3. Accordingly search operations took place at
KSR railway station, Bangalore, wherein
consequently Accused No.1 (Tajinder Singh) and
No.2 (Jasleen Kaur) were arrested for possessing
29880 gms of Ganja (Commercial Quantity) with 3
bags on 21.08.2025. Mahazar was drawn in terms of
Law. Statements were obtained from Accused No.1
(Tajinder Singh) and No. 2 (Jasleen Kaur) under
Section 67 of the NDPS Act, 1985 and other
incriminating evidences were recovered.
4. While interrogation, Accused No.1 (Gurpreet
Singh) revealed that there were 2 more persons
were also involved in this activity and named
Accused No.3 (Srajan Shetty) and Accused No.4
(Shravan Shetty) and specifically told that there
were in one "Hotel orchid Bloom". Consequently,
search operations went on in the said Hotel and
accordingly Accused No.4 (Shravan Shetty) was in
Room No.303 and Accused no.3 (Srajan Shetty) was
in Room No. 502. Accused No.4 (Shravan Shetty)
was arrested for possessing Ganja with 14975 gms
and Accused no.3 (Srajan Shetty) was arrested for
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possessing ganja for 2983 gms accordingly in terms
of NDPS Act.
5. Accused No.1 (Tajinder Singh) also revealed
that he knows and had seen pictures of Accused
No.5 (Upkar Singh) and Accused No.6 (Sirjan Singh).
Based on the revelations of Accused No.1 (Tajinder
Singh), search operations were carried on in Bhopal
Railway Station and arrested Accused No.5 (Upkar
Singh) and Accused No.6 (Sirjan Singh). 24 kgs of
Ganja were recovered from Accused No.5 and
Accused No.6 while they were travelling to Delhi on
20/21.08.2025.
6. Further, based on intelligence inputs, search
operations were carried out on the premises of
Accused No.7 (Gurpreet Singh) at No.A-179, 4TH
Floor, Sudarshan Park, Moti Nagar, New Delhi-
110015. Incriminating materials were seized. Based
on his statement that Accused No.8 (Sukhjinder
Singh Bhogal) is also residing at A-213, 4th Floor,
Sudarshan Park, Moti Nagar, New Delhi 110015,
Search operations were carried out at A-213, 4th
Floor, Sudarshan Park, Moti Nagar, New Delhi
110015, where Accused No.8 (Sukhjinder Singh
Bhogal) was residing.
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7. The following were incriminating materials
were recovered from the residential premises of
Accused No.7(Gurpreet Singh)
a. Rs. 1.02 crores which is the sale consideration of
ganja
b. 8500 UAE Dirhams, 810 Thai Bhat
c. Currency Counting machine
d. Mobile phones
e. Phone in the name of Accused No.8 in Accused No
premises.
f. Other incriminating devices and documents
8. The following were incriminating materials
were recovered from the residential premises of
Accused No.8 (Sukhjinder Singh Bhogal)
a. Rs. 1 Lakh which is the sale consideration of
Ganja
9. Accused No. 7(Gurpreet Singh) reveals that
he has lots of Crypto currency transactions done for
the narcotics trade. He also confessed that the
seized currencies had been given by his Brother,
Harpreet Singh.
10. From the seized mobile phones of Accused
No.8 (Sukhjinder Singh Bhogal), Passport number
C2635297 of Srajan Shetty (Accused No 3), voucher
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detail in the name of Shri. Srajan Shetty (Accused
No.3) and a copy of chat regarding Shri. Srajan
Shetty (Accused No.3) respectively have been
recovered.
11. The copies of the WhatsApp chats between
Shri. Gurpreet singh Accused No.7) and Shri.
Sukhjinder Singh (Accused No.8), and attested by
Accused 8 were extracted from the mobile phone of
Accused-No.8 (Sukhjinder Singh Bhogal). They have
details of summary of hawala transactions entered.
12. The copies of the WhatsApp chats between
one phone number +6 1 and Shri.
Sukhjinder Singh (Accused No.8), were extracted
from the mobile phone of Accused No.8. It contains
the names of different flavours of hydroponic weeds
such as RS11, Rainbow marker, Cream berry,
Tropicana C, Keto Kush, Keta Kush, Milk & Cookies.
13. The copies of the WhatsApp chats between
Shri. Gurpreet Singh (Accused No.7) and one
number +632, were extracted from the
mobile phone of Accused No.7, which contains the
details of various hawala transactions related to the
sale proceeds of hydroponic weed.
14. Accused No.1, 2 3, 4 5 6 Accused No.7
(Gurpreet Singh) and 8 (Sukhjinder Singh Bhogal)
are consciously involved in the handling of Narcotics
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and involved in facilitating and conspiracy involved in
Narcotics trade. Accused No.7 and 8 are guilty of
harbouring offenders involved in Narcotics and for
illicit financing of such activities and also for criminal
conspiracy under Section 20, 27A, 29 and other
provisions of the NDPS Act, 1985
15. In the present case, the Accused No.7
(Gurpreet Singh) and 8 (Sukhjinder Singh Bhogal)
role is central to the conspiracy, financing and
Trading Narcotics and materials prove that they both
have acted as the primary link other Accused in the
said case. This shows the intention of the Accused
No.7 (Gurpreet Singh) and 8 (Sukhjinder Singh
Bhogal) and the culpable state of mind and
therefore, the Accused No.7 and 8, cannot hide
behind a veil of alleged ignorance of the law. Hence
there is a link between all the accused in the said
case and Accused No.7 and 8 have facilitated
narcotics trade and hence conspiracy is primary in
nature.”
7. A perusal of the said paragraphs and material
placed on record indicate that commercial quantity of Ganja
has been seized from possession of accused Nos.1 to 3.
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Accused No.4 was found possession 2983 GMs of Ganja.
Accused Nos.5 and 6 were found possessing 24 KGs of
Ganja, which were recovered from accused Nos.5 and 6
when they were traveling from Bhopal to Delhi. On search
of the premises of petitioners – accused Nos.7 and 8, huge
currency was found including Indian and foreign currency
with currency counting machine, mobile phones and they
have been seized under mahazar. Accused No.7 has lots of
crypto currency transactions done for the narcotic trade.
The mobile phone of accused No.8 contained copy of
passport of accused No.3, voucher detail in the name of
accused No. 3 and chat of accused No.3. Said chats
contained in the mobile were extracted.
8. Considering the above aspects there is role of
these petitioners, they are found involved in trading in
narcotics and other material and financing the accused
persons who are involved in trading narcotics.
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9. The matter is still under investigation. If the
petitioners are granted bail, there are chances of they
hampering investigating and tampering the prosecution
witnesses.
10. Considering the above aspects the petitioners
have not made out any grounds for grant of bail at this
stage when investigation is in progress. In view of the
above the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
Ct.sm