Karnataka High Court
Pruthiviraj Chavan vs Union Of India on 28 January, 2026
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NC: 2026:KHC-K:657
CRL.P No. 200035 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 200035 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
PRUTHIVIRAJ CHAVAN S/O. JAIRAJ CHAVAN
AGE 24 YEARS, OCC. LABOUR
R/O NEAR HANUMAN TEMPLE HARKHUD THANDA
TQ. BASAVAKALYAN,
DIST BIDAR-585437.
...PETITIONER
(BY SRI SANJAY A PATIL., ADVOCATE)
AND:
UNION OF INDIA
THROUGH NARCOTIC CONTROL BUREAU
Digitally signed BENGALURU.
by SHIVALEELA R/BY DEPUTY SOLICITOR GENERAL
DATTATRAYA HIGH COURT OF KARNATAKA
UDAGI KALABURAGI BENCH
Location: HIGH KALABURAGI-585107.
COURT OF ...RESPONDENT
KARNATAKA (BY SRI SUDHIR SINGH VIJAPUR, DSGI)
THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD) U/S 483
OF BNSS (NEW) PRAYING TO ALLOW THE PETITION THEREBY
ENLARGE THE PETITIONER/ACCUSED NO.1 IN CRIME NO.
48/1/27/2025/BZU REGISTERED BY NARCOTIC CONTROL
BUREAU BENGALURU, FOR THE OFFENCES PUNISHABLE
U/SEC. 8(c), 20(c), 22(c) AND 29 NDPC ACT, 1985 AS PER
INFORMATION REPORT (PENDING ON THE FILE OF II ADDL.
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CRL.P No. 200035 of 2026
HC-KAR
DISTRICT AND SESSIONS JUDGE, BIDAR, SITTING AT
BASAVAKALYAN), IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
This petition is filed under Section 483 of BNSS, 2023 by the petitioner/accused No.1 for grant of regular bail in Crime No.48/1/27/2025/BZU registered by Narcotic Control Bureau, Bengaluru, dated 29.10.2025 for the offences punishable under Sections 8(c), 20(c), 22(c) and 29 of NDPS Act, 1985.
2. The factual matrix of the case is that, on 29.10.2025 a credible information was received from a reliable source to the Sub-Inspector of Narcotics Control Bureau, Bangalore Zonal Unit, Bangalore, that a parcel shipment with tracking No.ED918036291IN is laying at the office of Sub-India Post Office, Mudbi, Bidar District and it is suspected to be containing narcotic drugs and with the receiver name "Pruthviraj Chavan, (accused No.1), -3- NC: 2026:KHC-K:657 CRL.P No. 200035 of 2026 HC-KAR resident of House No.64/2, near Hanuman Mandir, Harkood Tanda, Mudbi, Basavakalyan, Bidar District that the said receiver would come to collect the said parcel on 30.10.2025. As such, the complainant along with the Superintendent, NCB BZU in NCB-1 has constituted along with the team, reached the Post Office at 9:00 a.m. on 30.10.2025 and enquired about the shipment. It is informed to them by the Post Office officials that Pruthviraj Chavan has been calling from mobile No.7483376665 to Tukaram on his mobile No.9606413711.
3. Accordingly, the NCB team along with panchas mounted surveillance at the Post Office and waited, at that time, about 1:30 p.m. the petitioner visited the Post Office and claimed the shipment, and postman after checking the Aadhar card, handed over the said parcel. Accordingly, the NCB team caught hold the petitioner and on enquiry, it was revealed that, the parcel contains the substance of LSD paper blots and also Hashish. Accordingly, the NCB officials conducted panchanama in the Post Office and -4- NC: 2026:KHC-K:657 CRL.P No. 200035 of 2026 HC-KAR seized the same. On weighing the same, LSD weighed 2.16 grams and Hashish weighed 19.94 grams. Accordingly, Based on the FIR, case was registered in Crime No.48/1/27/2025/BZU and raid was conducted. Accordingly, the petitioner was arrested and his statement was recorded and it was revealed that the substance was sent by Amruth Infosol, Address-108, Saraswati House, Nehru Place, 27, near Sona Sweet 27 Building, New Delhi by some stranger.
4. Later, on questionnaire of the petitioner it was further revealed that, one Hruthikraj was ordered the said consignment track from Delhi for selling the same in Bengaluru and Mangaluru through one Mohd. Sofiyan of Puttur. For the said track, the amount was paid by one Hruthikraj i.e. accused No.2 thorugh his mobile phone. Thereafter, respondent-police also arrested the said Hruthikraj-accused No.2.
5. The petitioner is in custody from 30.10.2025. Aggrieved by the same, the petitioner approached the II- -5-
NC: 2026:KHC-K:657 CRL.P No. 200035 of 2026 HC-KAR Addl. Dist & Sessions Judge, Bidar, Sitting at Basavakalyan in Crl.Misc.No.5234/2025. The same was rejected vide order dated 03.12.2025. Hence, this petition.
6. Heard learned counsel for the petitioner and the learned DSGI for the respondent-NCB.
7. Apart from urging several contentions, learned counsel for the petitioner primarily contented that, the consignment from the Post Office was seized on 30.10.2025 at about 1:30 p.m. and the accused-petitioner was taken to custody on the same day and arrested on 02.11.2025, till then he was kept in illegal custody. It is further contended that the shipment was seized at the instance of the petitioner, while receiving the same, the petitioner was absolutely not aware about the contents of the parcel i.e., the same contained the narcotic substance. As such, there was no conscious possession of the petitioner.
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8. He further contended that in the statement of the petitioner under Section 67, he categorically stated that the parcel was sent from Delhi by some unknown person and for obtaining the said parcel, the amount was paid by one Hruthikraj i.e. accused No.2.
9. Further, accused No.2 also categorically stated in his statement that the petitioner was neither aware about the LSD or hashish in the parcel nor he consuming any drug. Although the address of Pruthviraj Chavan was clear and approachable by the local postman, he conveyed the address of Pruthviraj Chavan. The seized drug was booked by one Mohd. Sofiyan to sell the same at Bengaluru and Mangaluru. In such circumstance, the petitioner was absolutely unaware about the parcel and was no way consciously possessed the drugs or involved in the alleged offence.
10. Now, the NCB officials in the remand application clearly stated that further investigation of the petitioner does not call for. In such circumstance, custodial -7- NC: 2026:KHC-K:657 CRL.P No. 200035 of 2026 HC-KAR incarceration of the petitioner does not call for. Accordingly, prays to allow the petition.
11. Per contra, learned DSGI opposed the petition. According to him, the statement of this petitioner coupled with accused No.2 clearly revealed that both of them by knowingly obtained the drug through postal department and this petitioner was very much aware about the contents of the parcel and he received the same. As such, the same was seized from his conscious possession.
12. He also contended that, the LSD seized at the instance of the petitioner was in commercial quantity. The panchanama and other statements of the petitioner and accused No.2 clearly makes out a prima facie case against this petitioner and as per the presumption under Section 54 of the Act, at this stage, the accused-petitioner cannot be enlarged on bail. Accordingly, he prays to dismiss the petition.
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13. I have given my anxious consideration both on the submissions made by the learned counsel for the respective parties and documents available on record.
14. As could be gathered from records, it is not in dispute that a parcel was received by this petitioner on 30.10.2025 from the Post Office. The said parcel was addressed in the name of petitioner. However, after seizure of the parcel, the NCB officials recorded the statement of this petitioner, wherein he has clearly stated that the parcel was sent by some stranger from New Delhi.
15. Subsequently, the statement recorded by this petitioner reveals the name of Hrithikraj-accused No.2. As such, NCB Police arrested him and recorded his statement by way questionnaire on 05.11.2025, wherein he has stated that- "petitioner was not aware about any drugs nor he is not consuming any drugs". Although the address of petitioner was clear and approachable by the local postman, accused No.2 conveyed the petitioner address to Mohd. Sofiyan. It is further stated that the seized drugs -9- NC: 2026:KHC-K:657 CRL.P No. 200035 of 2026 HC-KAR was booked by one Mohd. Sofiyan, to sell the same in Bengaluru and Mangaluru.
16. At this stage, the statement of co-accused i.e. accused No.2 can be relied as per provisions of NDPS Act and he has clearly stated that there is no involvement whatsoever of this petitioner except receiving the parcel and the petitioner was unaware of the contents of the parcel at the time of receiving the same. As such, the conscious possession of the petitioner is not forthcoming primarily at this stage.
17. Since the petitioner is in judicial custody from last 3 months and the respondent-police have already submitted the remand application, further interrogation of the petitioner is not called for. In such circumstance, without expressing any opinion on the merits of the case and moreover he is the resident of Bidar, the petitioner can be enlarged on regular bail.
18. The petition is allowed.
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19. The petitioner is directed to be enlarged on bail in Crime No.48/1/27/2025/BZU registered by NCB, Bengaluru for the offences punishable under Sections 8(c), 20(c), 22(c) and 29 of NDPS Act, 1985, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off;
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f) The petitioner shall mark his attendance before the NCB, on 1st Sunday of every month between 10.00 a.m. and 01.00 p.m. till the case registered against him is disposed off before the Trial Court;
g) The petitioner shall surrender his passport, if any, before the Sessions Court.
Sd/-
(RAJESH RAI K) JUDGE SDU LIST NO.: 1 SL NO.: 16 Ct;rj