IN THE COURT OF THE XXXIII ADDL.CITY CIVIL &
SESSIONS JUDGE & SPL. JUDGE (NDPS), BENGALURU.
CCH.33.
PRESENT:
SMT. B.S. JAYASHREE, LL.M.,
XXXIII ACC & SJ & SPL.JUDGE (NDPS),
BENGALURU.
DATED: THIS THE 20th DAY OF MARCH 2024
Crl. Misc.No.8084/2023
Petitioner :
(accused no.3)
Almas, W/o,Afroz Khan, 42 years,
No.64, 83rd cross, KS Layout, I stage,
Avalahalli, Anjanapura village,
Kanakapura road, Bangalore.
(By Sri ST, Adv.)
V/S.

Respondent :
State by Mahadevapura PS
(By Public Prosecutor)
ORDER
The present petition filed by the petitioner U/Sec.439 of
Cr.P.C., to enlarge her on bail, in Cr.No.438/2023
of
Mahadevapura PS, registered for the offences punishable
U/Sec.8(c), 20(b) of N.D.P.S. Act.

2
2. The prevalent grounds urged seeking bail:н
That the petitioner is very innocent and law abiding
citizen.

She has not committed any offence much less the
offence as alleged. She has been falsely implicated by the
respondent in this case.

Though the alleged offence is non
bailable, but is neither punishable with imprisonment for life
or death sentence. The procedure contemplated under N.D.P.S.
Act not followed while recovery. The petitioner is suffering from
TB and low BP and she is undergoing treatment. Her health
condition is very critical. The petitioner is permanent resident
of the address shown in the cause title. Investigation is
concluded and charge sheet is filed. Further detention of the
petitioner is not warranted. The petitioner is ready and willing
to abide by any conditions imposed by this court in the event
of grant of bail. she is ready to offer surety for her due
appearance before this court. Hence, sought to grant bail.

3. The prosecution while opposing the bail petition
contended that the I.O has seized 20 Kgs., 500 grams of ganja
which is a commercial quantity. There are sufficient material
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CCHн33
Crl.Misc.8084/2023
available against the petitioner, and the said offences are
punishable with rigorous imprisonment for a term which shall
not be less than 10 years which may extend to 20 years and
shall also be liable to fine. The investigation is pending. In the
event of her release she may tamper with the prosecution
witnesses. Incriminatory articles were seized from her custody.
She may involve herself in similar offences.

Investigating
agency by complying the provisions prevailed under the act
has seized the contraband from the petitioner. With these
specific pleas sought to reject the bail plea of the petitioner.

4. Heard learned counsel for the petitioner and the
prosecution.
5. The points that arise for my consideration are as here
under:
1. Whether petitioner has made out
sufficient grounds to enlarge her on
bail?
2. What order?
6. My findings on the above points are as under:
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Point No.1: In the Affirmative
Point No.2: As per the final order for the following:
REASONS
7. POINT NO.1:н A report submitted by PSI, who is the
complainant in this case before the Mahadevpura PS.

The
contents of the report is as here under:н
On 15н08н2023 at about 1.35 pm., the complainant PI.,
had received credible information from an informant that
within the limits of Mahadevpura Police Station in front of KR
Puram Metro station, at New Light junction two male and one
female carrying contraband in their blue colour luggage bag
and trolley bags to sell it to the public.

On receipt of
information he has informed the matter to ACP, obtained
permission to conduct raid, informed the matter to panchas
and staff, proceeded to the spot around 2.15 pm. In the spot
two male and one female were found carrying blue colour bag
and blue colour luggage and were trying to sell some article to
the public.

On looking at the police they tried to run away
from the place by throwing the bag, they were surrounded and
apprehended. On enquiry they have revealed their names as
CCHн33
Crl.Misc.8084/2023
5
Sujit Mahakuda, S/o.Narendra Mahakuda, Ashiwni Kumar
Patra, S/o.Surath Patra, Almas w/o.Afroz Khan.

When they
were questioned about the contents of the bag they have stated
that they are carrying ganja to sell it to the public and they
have
collected
ganja
from
Pulvani
district
Hilly
area,
Kandahamal, Orissa State. When the bag was opened it was
containing ganja wrapped in brown colour paper. When it was
opened it was containing semi wet ganja, leaves, flowers seeds.
On looking at the texture and smell it was found to be ganja.
The ganja was weighed. Total weight of the ganja came around
20 Kgs., 500 grams. A detail mahazar is drawn, ganja is seized.
A detailed report is submitted to Mahadevpura PS which is the
basis
to
register
the
case
against
the
accused
in
Cr.No.438/2023 of Mahadevpura PS., registered for the
offences
punishable
U/Sec.8(c),
20(b)
of
N.D.P.S.

Act.

Thereafter, accused was arrested and produced before the
court and remanded to judicial custody.

The petitioner herein
is accused No.3 in the case.
8.

Initially this court has granted interim bail to the
petitioner on medical grounds. Now in the present petition she
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is seeking regular bail on the ground that accused Nos.1 and 2
are already enlarged on bail by the Hon’ble High Court in Crl.
Petition 12696/2023 dated 18.12.2023 on the ground of parity
she is entitled for bail. I have carefully gone through the order.
The Hon’ble High Court has granted bail to accused Nos.1 and
2. It is observed in the order that the contraband ganja seized
in the case contains leaves, stem, seeds and flowers.

Along
with the cover the weight of the ganja is 20 Kgs. Further the
investigation is concluded and charge sheet is filed and
accused No.1 and 2 are not required for investigation and
therefore, they are granted bail.

The petitioner herein was
arrested by the investigating agency on 15.8.2023 and from
her possession 2 Kgs., of ganja is seized. 20 Kgs., 500 grams
of ganja was seized from accused Nos.1 and 2. accused Nos.1
and 2 were already granted bail by the Hon’ble High Court.
Now,
from
the
present
petitioner
contraband
seized
is
intermediate quantity. Investigation is concluded and charge
sheet is filed. If by imposing stringent conditions she is
enlarged on bail it will not hamper the trial of the case. In the
result, I answer the point for consideration in the affirmative.

CCHн33
Crl.Misc.8084/2023
7
9. Point No.2:н In the result, I proceed to pass following:
ORDER
The Petition filed by the petitioner U/Sec.439 of
Cr.P.C is hereby allowed.
The petitioner is enlarged on bail on executing
personal bond for a sum of Rs.1,00,000/н with two
sureties for the like sum with following conditions.
1.

He shall not leave the jurisdiction of this
court without prior permission.

2.

He shall not tamper the witness or
abscond.

3.

He shall not commit similar offence or
any offence while on bail.

4.

He shall furnish his photo ID proof and
local address proof document before the
court and photo ID proof of his surety.

5.

He shall appear before the court on all
hearing dates.

6.

Breach of any of the conditions by the
petitioner would entail cancellation of
bail.

[Dictated to the stenographer, directly on the computer, typed and
computerised by her, corrected, signed and then pronounced by me in
Open Court on this the 20th day of March 2024]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.