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Judgment
S Vishwajith Shetty, J
Accused in crime No.41/2023 registered by Kalasipalya Police Station, Bangalore City for the offence punishable under Section 20(b)(ii)C of the Narotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' for short) is before this Court seeking regular bail.
Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondent.
On the complaint of Dhanushchand - Sub-Inspector of Police, Kalasipalya Police Station dated 20.03.2023, Station House Officer of Kalasipalya Police Station had registered FIR in crime No.41/2023 for the aforesaid offence against the petitioner. In the complaint it is stated that the complainant had credible information that a Muslim lady was transporting contraband articles in a travel bag and on receipt of such information, he had submitted a report and thereafter, conducted a ride to the spot and had apprehended the lady, who had revealed her name as Nagma W/o Syed Asgar. From her possession, 26 Kgs of ganja was seized and same was subjected to mahazar. Contraband article as well as the accused were produced before the Police and subsequently, she was arrested and remanded to judicial custody. Investigation in the case is complete and the charge sheet has been filed. Petitioner's bail application filed before the Court of the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru in Crl.Misc.No.2850/2023 was dismissed on 12.04.2023. It is under these circumstances, the petitioner is before this Court.
Learned counsel for the petitioner has reiterated the grounds urged in the petition and submits that the petitioner may be granted bail, as she is in judicial custody since 21.03.2023. He submits that petitioner has no criminal antecedents.
Learned HCGP has opposed the bail application and submits that in view of Section 37(1)(b)(ii) of the NDPS Act, the petitioner is not entitled for bail.
The material on record would go to show that on 20.03.2023, the petitioner was allegedly carrying 26kgs of ganja in a travel bag and was apprehended by the complainant and thereafter, the contraband article ganja was seized. The charge sheet material would go to show that the petitioner's husband Syed Asgar is involved in the case under the provision of the NDPS Act, 1985 and he is in judicial custody and on the instructions of petitioner's husband, the ganja seized in this case was delivered to the petitioner, who was directed to sell the same and out of the sale proceeds, make arrangements for getting her husband released from jail. Undisputedly, the petitioner has no criminal antecedents. The petitioner is a lady aged about 27 years and she is in custody since 21.03.2023. Investigation in the case is complete and the charge sheet has been filed. Considering the circumstances under which the petitioner had committed the offence, it cannot be said that even in future she would repeat the same. Under these circumstances, I am of the view that the petitioner's prayer for grant of regular bail is required to be answered affirmatively.
Accordingly, the petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.41/2023 of Kalasipalya Police Station registered for the offence punishable under Section 20(b)(ii)C of the NDPS Act, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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 leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off; and
e) The petitioner shall not involve in similar offences in future.