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 3rd DAY OF DECEMBER 2022
Crl.Misc.No.11378/2022
Petitioner :
(accused No.2)
Zothanasangi @ Mapuli,
D/o.Kapliana, a/a 24 years, R/at
Unit 31, Nester Earth Villaments,
Doddagubbi Main Road, Near Ekya
School, Kyalasanahalli, Kothanur
Post, Bengaluru560077
(By Sri.B.V. Harish Kumar. Adv.)
V/S.
Respondent :
State by NCB
(By Sri Spl. P.P.)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by the
petitioner to enlarge her on bail, in Cr.No.48/1/25/2022/BZU
of
NCB., registered for the offences punishable U/Sec.8(c),
20(b) (ii), 27, 28 of N.D.P.S. Act.
2
2. The prevalent grounds urged seeking bail:
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. There is no connection or active part played
by this petitioner. The procedure contemplated under N.D.P.S.
Act not followed while recovery. There is absolutely no material
to implant this petitioner as accused No.2 in this case. The
voluntary statement of the petitioner is recorded. There is no
recovery from the present petitioner. She has no knowledge of
drugs seized in the case. She is the friend of accused No.1.
The parcel is booked by accused No.1. She has never
consumed
drugs
with
A1.
She
is
having
no
criminal
antecedents and is permanent resident in the address as
shown in the cause title. 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 his due
appearance before this court. Hence, sought to grant bail.
CCH33
Crl.Misc.No.11378/2022
3
3. The prosecution while opposing the bail petition
contended that the I.O has seized on 14.11.2022, 120 grams of
Ganja from a parcel bearing No.UA4467164863US, which was
lying at foreign post office, Chamarajpet, Bengaluru.
In the
follow up action on 16.11.2022, Berdia Rezaei Noei Iasa Masod
Mabasheri, an Iranian national intercepted at the post office,
Kammanahalli, Bengaluru, who is the accused No.1 in the
case.
His statement came to be recorded.
voluntary
statement
of
A1,
the
present
Basing on the
petitioner
is
apprehended. She is the girl friend of A1. She has consumed
ganja and cocaine along with A1. The house search of A1 is
conducted. During house search, 66 grams of ganja and 48
grams of tablet believed to be Tramadol Hydrochloride, a
psychotropic substance is seized. Another parcel containing 5
liquor bottles, containing cannabis, which was addressed to
the petitioner sent through UPS Courier, vide Shipment ID
3XA300BJWPR is also seized. The accused No.1 has booked
the parcel of drugs.
The investigation is in progress.
Electronic gadgets and mobile phone were sent to analysis. A1
is using the cannabis wine, which was booked by him through
4
the said aforesaid parcel. During interrogation, it is revealed
that some documents were manipulated for booking the parcel.
The investigation is in progress and some more persons are
likely to be apprehended. Hence, 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:
Whether petitioner has made out sufficient
grounds to enlarge him on bail?
2. What order?
6. My findings on the above points are as under:
Point No.1: In the Affirmative
Point No.2: As per the final order for the following:
REASONS
7. POINT NO.1: The NCB, Bangalore has put the
criminal law into motion. The gist of the allegation reads as
here under:
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Crl.Misc.No.11378/2022
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On
14/11/2022
information
received
from
reliable
source that a parcel bearing No.UA467164863US is laying at
Foreign
Post
Office,
5th
Main,
4th
Cross,
Chamarajpet,
Bengaluru560018 is suspected to be containing Narcotics
drugs (covered under NDPS Act). As per the information on
15/11/2022, the NCB team reached the Foreign Post Office,
5th Main, 4th Cross, Chamarajpet, Bengaluru560018 and after
following the procedure as per law, 120 Grams of Ganja (a
Narcotics substance under the provisions of NDPS Act, 1985)
was
seized
from
the
said
parcel.
The
seizure
panchanama/Mahazar was drawn on spot on 15/11/2022.
In the follow up action, on 16/11/2022 one person
namely Bardia Rezaei Noei @ Masod Mobasheri (Iranian
National – accused No.1) intercepted at the Post Office of St.
Thomas Town, Kammanahalli, Bengaluru084 who came there
to collect the parcel bearing No.UA467164863US and he was
summoned to record his statement. During follow up action,
on 17/11/2022 the house search was conducted of
Bardia
Rezaei Noei @ Masod Mobasheri (accused No.1) at R/o Unit 31,
Nester Earth Villaments, Doddagubbi Main Road, Near Ekya
6
School,
Kyalasanahalli,
Kothanur
Post,
Bengaluru077
wherein recovered 66 grams of Ganja, 48 grams of tablets
believed
to
be
Tramadol
substance is seized.
Hydrochloride,
a
psychotropic
Another parcel containing 5 liquor
bottles, containing cannabis, which was addressed to the
accused No.1 sent through UPS Courier, vide Shipment ID
3XA300BJWPR is also seized. After recording the statement,
the accused No.1 was put under arrest and produced before
the court and remanded to JC. Basing on the statement of A1,
the present petitioner was arrested. The allegation against her
is she is consuming contraband along with A1 and she is the
girl friend of A1.
8. Learned counsel for petitioner vehemently argues that
as per the investigation papers the seized article is a small
quantity of contraband from A1.
Rigors of Sec.37 is not
applicable. Accused herein is not having criminal antecedents.
Hence, her bail plea may be entertained. Further it is argued
that petitioner is having no knowledge of contraband seized
from the conscious possession of A1.
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Crl.Misc.No.11378/2022
7
9.
Here in the present case, the accused No.1 is
intercepted at foreign post office, when he came to collect the
parcel containing the contraband ganja. His statement came
to be recorded. During house search, 62 grams of ganja and
48 grams of Tramadol hydrochloride tablets recovered. He has
also booked 5 liquor bottles suspected to be containing
cannabis, which were seized on 21.11.2022. The contraband
seized in the case particularly ganja to the tune of 186 grams
is a small quantity.
commercial
quantity
As per specification of small and
of
narcotic
drug
or
psychotropic
substance issued by Ministry of Finance Department of
Revenue Notification S.O.1055(E) dated 19.10.2001 at Sl.No.55
the narcotic drugganja 1000 grams is small quantity and 20
Kgs., is commercial quantity.
In this case, the ganja seized is
186 grams, which is a small quantity of contraband. Another
psychotropic substance seized in the case is Tramadol
hydrochloride which is a psychotropic substance to the tune of
48 grams, which is not commercial quantity. The only
allegation against the present petitioner is, she has consumed
the contraband along with A1. There is no recovery from the
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present petitioner. The incriminatory articles is already seized
from A1. The petitioner is in judicial custody since from
22.11.2022.
Her statement already recorded.
Further
custodial interrogation of petitioner is not warranted.
If by
imposing stringent conditions, she is enlarged on bail, it would
not in any way prejudice the case of prosecution and the trial
of the case.
Hence, I proceed to hold that the petitioner is
entitled for bail. Consequently, the point for consideration is
answered in the affirmative.
10. Point No.2: 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/ with one
surety for the like sum with following conditions.
1. The petitioner shall give attendance before
the concerned I.O., once in a month i.e.,
preferably on first Monday of every month
in between 10.00 am., to 2.00 pm., till
filing of charge sheet or further orders
whichever is earlier.
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Crl.Misc.No.11378/2022
2. He shall not leave the jurisdiction of this
court without prior permission.
3. He shall not tamper the witness or
abscond.
4.
He shall cooperate
investigation.
with
I.O
for
5. He shall not commit similar offence or any
offence while on bail.
6. He shall furnish his photo ID proof and
photo ID proof of his sureties.
7.
He shall appear before the court on all
dates of hearing.
He shall submit his
passport before this court.
8. 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 3rd day of December 2022].
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.