BENGALURU – The Special NDPS Court in Bengaluru has granted anticipatory bail to 42-year-old Shabana, a resident of Kaverinagar, who was implicated in a drug transportation case after her vehicle was allegedly used to ferry contraband. Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, ruled that there was no direct evidence of the petitioner’s active involvement in the crime, warranting protection from arrest.
The case, registered under Crime Number 12/2022 at the Banashankari Excise Police Station, involves charges under Section 8(c), Section 20(b)(ii)(a), and Section 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. These sections relate to the prohibition of certain operations involving narcotic drugs and the punishment for using a vehicle for the commission of an offense.
The Excise Raid and Vehicle Identification
The legal proceedings were initiated following a raid on May 30, 2022. Based on credible intelligence, the Excise Inspector intercepted a two-wheeler (Registration No. KA-05 / KS-6116) and apprehended one Fazil Khan (Accused No. 1). Upon searching the vehicle, officers recovered 660 grams of ganja, which was seized under a detailed mahazar.
Following the arrest of the primary accused, the investigating agency verified the ownership documents of the two-wheeler. The records indicated that the vehicle was registered in the name of the petitioner, Shabana. Based on this link, the Excise Police issued notices for her appearance, leading the petitioner to seek anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, fearing imminent arrest and detention.
Legal Arguments: Ownership vs. Active Involvement
The petitioner, represented by Advocate Sri N.M., argued that she had been falsely implicated simply because she was the registered owner of the vehicle. The defense maintained that Shabana was the sole breadwinner of her family and had no prior criminal antecedents. It was contended that she was not present at the scene of the seizure and had no knowledge of the illicit activities conducted by Fazil Khan using her two-wheeler.
The prosecution, however, filed a strong objection, asserting that the offense carries a potential punishment of up to 10 years of rigorous imprisonment. The state argued that a prima facie case existed against the petitioner as the vehicle owner and expressed concerns that if granted bail, she might abscond or tamper with the ongoing investigation.
Court’s Reasoning on NDPS Section 25
In evaluating the case, Judge B.S. Jayashree focused on the distinction between vehicle ownership and the “conscious” use of the vehicle for drug trafficking. Under Section 25 of the NDPS Act, an owner can be held liable if they “knowingly” permit their vehicle to be used for an offense.
The court observed that 660 grams of ganja constitutes a “small quantity” (below the 1 kg threshold), which generally invites less stringent bail rigors compared to commercial quantities. The judge noted that apart from the vehicle ownership, the prosecution had failed to produce any material evidence at this stage to suggest that Shabana was actively involved in transporting the contraband or had shared criminal intent with Fazil Khan.
Conditions for Anticipatory Bail
The court found that the petitioner’s apprehension of arrest was well-founded and ruled that her liberty should be protected while ensuring her cooperation with the authorities. The judge allowed the petition and directed the respondent police to release Shabana on bail in the event of her arrest, upon the execution of a personal bond for 50,000 rupees and one surety of the same amount.
The following seven conditions were imposed to safeguard the investigation:
- She shall not directly or indirectly induce, threaten, or make promises to any person acquainted with the facts of the case.
- She must mark her attendance before the Investigating Officer on the first Sunday of every month between 10:00 AM and 5:00 PM until the charge sheet is filed.
- She must attend all court hearings and is restricted from leaving the jurisdiction of the court without prior permission.
- She is strictly prohibited from threatening or tampering with prosecution witnesses.
- She must not commit any similar or new offenses while on bail.
- She must provide valid photo identity proof for herself and her surety to the court.
- Any breach of these conditions will lead to the immediate cancellation of the bail order.
This ruling serves as a notable precedent regarding the liability of vehicle owners under the NDPS Act, emphasizing that ownership alone, without evidence of knowledge or participation, may not be sufficient grounds for pre-trial detention.
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