Daniel Arinze Okwosha Vs the State of Karnataka — Narcotics (NDPS) | Karnataka HC (2025)

Daniel Arinze Okwosha Vs the State of Karnataka — Narcotics (NDPS) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the mandatory requirements and procedure for arrest were followed and the petitioner was informed of the grounds of his arrest, such that the order of arrest dated 14.05.2025 and the remand order dated 15.05.2025 in Crime No.39/2025 should be set aside and the petitioner released

Court's answer

On examination of the State's enclosures (grounds of arrest intimation, arrest information to relative and friend, remand application, arrest memo, check list), the Court found that all the required procedures were followed at the time of arrest and that no grounds were made out to allow the petition seeking to set aside the arrest and remand orders

Key takeaways

The dismissal of this petition does not preclude the petitioner from seeking bail on merits before the jurisdictional Courtobiter¶53

Detailed headnote1 paragraphs

High Court of Karnataka (Mohammad Nawaz J), oral order dated 19.11.2025: Criminal petition under S.482 Cr.PC (filed under S.528 BNSS) by Daniel Arinze Okwosha, in judicial custody, sought to set aside the arrest order dated 14.05.2025 by CCB police and the remand order dated 15.05.2025 of the I A.C.J.M Bengaluru in Crime No.39/2025 (offences punishable under Sections 8(c), 22(a), 22(b), 22(c) NDPS Act), contending that mandatory arrest procedures were not followed and the grounds of arrest were not communicated. Counsel relied on three Hon'ble Apex Court decisions (Vihaan Kumar v. State of Haryana; Ahmed Mansoor; Mihir Rajesh Shah v. State of Maharashtra). Examining the State's enclosures (grounds of arrest intimation, arrest information to a relative and to friend Ernest Saudi per Annexure R4, remand application dated 15.05.2025, arrest memo, check list), the Court held there was no irregularity while arresting the petitioner and all the required procedures were followed; the petition was dismissed, with the order expressly not barring the petitioner from seeking bail on merits before the jurisdictional Court.

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NC: 2025:KHC:47876 CRL.P No. 8234 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 8234 OF 2025 (482(Cr.PC)

/ 528(BNSS))

BETWEEN:

DANIEL ARINZE OKWOSHA S/O IKECHUKWU AGED ABOUT 40 YEARS R/AT FLAT NO.140, 1ST FLOOR MANJUNATHANAGARA, NEAR ACHARYA COLLEGE ACHUTHANAGARA BENGALURU - 560 107 NATIVE OF NIGERIA (NOW IN JUDICIAL CUSTODY)

…PETITIONER

(BY SRI. BALAKRISHNA M R., ADVOCATE)

Digitally signed by LAKSHMI T Location: High Court of Karnataka

THE STATE OF KARNATAKA BY CCB BENGALURU REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE -560001

MR HARISH M R FATHER'S NAME NOT KNOWN TO THE PETITIONER MAJOR IN AGE POLICE INSPECTOR

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NC: 2025:KHC:47876 CRL.P No. 8234 of 2025

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ANTI-NARCOTICS WING CENTRAL CRIME BRANCYH BENGALURU CITY -560053

THE CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU -560100

…RESPONDENTS

(BY SRI. RAHUL RAI.K., HCGP FOR R1)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER OF ARREST DATED 14.05.2025 BY THE RESPONDENT NO.1 AND 2 POLICE AND ORDER OF REMAND DATED 15.05.2025 PASSED BY THE HONBLE I A.C.J.M BENGALURU IN CR.NO.39/2025 FOR THE ALLEGED OFFENCE P/U/S 8(c),22(a),22(b),22(c) OF NDPS ACT AND NOW PENDING ON THE FILE OF THE HONBLE ADDL.CITY CIVIL AND SESSIONS JUDGE SPL.COURT FOR NDPS CASES, AT BENGALURU AND SET AT LIBERTY FORTHWITH.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

The petitioner is seeking to set aside the order of arrest dated 14.05.2025 and the subsequent remand order dated 15.05.2025 and consequently, seeking to release

him forthwith, in connection with a case in Crime

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No.39/2025 registered by CCB Bangalore City Police, for the offence punishable under Sections 8(c), 22(a), 22(b), 22(c) of the NDPS Act.

The prayer to set aside the order of arrest and consequent remand of the petitioner is sought on the ground that the mandatory requirements and the procedures while undertaking an arrest were not followed and the petitioner was not informed about the grounds of his arrest.

The learned counsel for the petitioner, placing reliance on the decisions of the Hon'ble Apex Court, in Vihaan Kumar V/s State of Haryana and anr¹ , Ahmed Mansoor and Ors V/s The State of Rep.by, ACP and Anr² and Mihir Rajesh Shah V/s State of Maharashtra and another³ , has contended that the constitutional mandate of informing the arrestee of the

1 Criminal Appeal @ SLP(Crl.) No.13320/2024 dated 07.02.2025.

2 Crl.A.No.4505/2025 dated 14.10.2025

3 Crl.A.No.2195/2025 dated 06.11.2025.

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NC: 2025:KHC:47876 CRL.P No. 8234 of 2025

HC-KAR

grounds of arrest is mandatory and the procedure followed by the police in the present case is not in consonance with the above judgments of the Hon'ble Apex Court, therefore seeks to allow the petition and release the petitioner.

The State has filed statement of objections. It is contended that the procedures contemplated under law has been followed while necessitating the arrest of the petitioner. Therefore, the learned High Court Government Pleader has sought dismissal of the petition.

In this case, the petitioner was arrested on 14.05.2025 in connection with Crime No.39/2025 registered by the CCB Benglauru City Police. Along with the statement of objections, the State has enclosed the documents namely i) grounds of arrest intimation, ii) Arrest information to the accused's relatives/lawyer. iii) The remand application dated 15.05.2025. iv) Arrest memo, v) Check list. As could be seen from the above documents, the petitioner was arrested on 14.05.2025

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from House No. 140, first floor, Manjunatha Nagara, near Acharya College, Achutha Nagara, Bangalore, in Soladevanahalli P.S. limits, by the CCB Police at 22-00 hours, at that time, the grounds of arrest are furnished to the petitioner. Further, arrest information is also communicated to the relative and as per Annexure R4, to a friend of the accused by name Ernest Saudi. Apart from the above, in the remand application, the allegations against the petitioner are narrated and it is clearly stated that those are prepared in English, a language known to the petitioner, read over to him and his signature was also taken.

This Court finds that there is no irregularity

while arresting the petitioner and all the required procedures have been followed. Hence, no grounds are made out to allow the petition.

7. Petition is dismissed .

NC: 2025:KHC:47876 CRL.P No. 8234 of 2025

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HC-KAR

However, this order will not come in the way of petitioner seeking bail on merits before the jurisdictional Court.

Sd/(MOHAMMAD NAWAZ) JUDGE

ASN List No.: 1 Sl No.: 35