Smt. Mala vs The Station House Officer, Cottonpet Police Station

H.S. Kempanna, J.—The petitioner who is arraigned as accused No. 1 in Special C.C. No. 204/2013 pending on the file of the XXXIII Addl. City Civil and Special Judge, Bangalore city registered for the offence u/s 20(B) of NDPS Act is before this court seeking for grant of regular bail. It is the case of the prosecution that on 7.6.2013 at about 5.10 p.m. on receipt of credible information CW-1 apprehended Accused No. 2 along with panchas in a house situated behind Reddy Building, at Anjanappa Garden and at that time Accused No. 2 was found to be in possession of 2 kgs 450 gms of ganja and 38 empty polythene covers, in all valued at Rs. 40,000 and cash in a sum of Rs. 800. It is also the case of the prosecution that narcotic substance which was found in the possession of accused No. 2 was supplied by this petitioner and therefore, this petitioner came to be arrested by the police on 4.9.2013 and since then she is in custody.

Learned counsel for the petitioner submits that Accused No. 2 who is found in possession of ganja to an extent of 2 kgs 450 gms valued at Rs. 40,000/- has been enlarged on bail. The only ground on which the present petitioner has been declined the relief is that she is involved in some other cases. He submits that the petitioner has been released in other three cases in which she is involved and in view of the fact that Accused No. 2 has already been released on bail, there is no reason to decline to grant her the relief sought for.

Per contra learned High Court Government Pleader vehemently contended that as the petitioner is habitual offender indulging in illegal trafficking of ganja and as the material on record reveals that she has supplied ganja to accused No. 2 from whose possession the same has been seized, in the circumstances, she is not entitled to be released on bail. Therefore petition be dismissed. The material on record reveals the ganja that has been seized was in possession of accused No. 2. The quantity of ganja seized, according to the prosecution, is 2 kgs 450 gms valued at Rs. 40,000/- apart from cash of Rs. 800/-. According to the prosecution on the information furnished by accused No. 2, said ganja was supplied by this petitioner. Apart from the same this petitioner is also habitual offender indulging in illegal trafficking of ganja. In view of the fact that the petitioner has already been released on bail in three other cases in which she had been arrested and having regard to the facts of this case that she has been involved on the basis of the information given by Accused No. 2, which in the facts and circumstances may not be safe to hold that she is guilty of the offence, taking into consideration that she is a lady and is in custody since 4.9.2013, I do not find any justification to decline her request. Accordingly I proceed to pass the following:-

ORDER

Petition is allowed.

The petitioner is ordered to be released on bail on her executing a personal bond in a sum of Rs. 1,00,000/- with two sureties for the likesum to the satisfaction of the learned Special Judge subject to the following conditions:-

The petitioner shall not tamper with the prosecution witnesses.

The petitioner shall mark her attendance before Cottonpet Police station on every Sunday between 11 a.m. and 3 p.m. till the conclusion of the trial.

Petitioner shall appear before the Court on all dates of hearing.