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.11487/2022
Petitioner :
(accused)
Shabana
D/o Mohammed Ibrahim
Aged about 42 years,
R/at No.169/552, 7th Cross,
Kaverinagar 2nd Stage,
Bangalore – 560 070.
(By Sri N M., Adv.)
V/S.

Respondent :
State by Banashankari Excise PS
(By Public Prosecutor)
ORDER
The present petition U/Sec.438 of Cr.P.C., is filed by the
petitioner to enlarge her on bail, in the event of her arrest in
Cr.No.12/2022 of Banashankari Excise PS, registered for the
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offence punishable U/Sec. 20(b)(ii)(a), 25 and 8(c) of N.D.P.S.
Act.

2. The grounds urged by the petitioner for grant of bail
are as under:
A false case has been foisted against accused. The name
of the petitioner does not finds place in the FIR. The vehicle of
petitioner has been shown as involved in transportation of
ganja.

The present petitioner is no way connected to the
crime. She apprehends imminent threat of arrest in the hands
of complainant. 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. she has no bad antecedents. She is the sole bread
earner of her family. Hence, sought to grant bail.

3. The objection raised by the prosecution is that the
investigating agency has seized 660 grams of ganja from the
possession of accused No.1 Fazil Khan. A detailed mahazar is
drawn in the spot.

The offence alleged against accused is
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punishable with rigorous imprisonment for a term which shall
extend upto 10 years. There is a primafacie case available
against the present petitioner. She is seeking anticipatory bail.
Investigation is pending.

In the event of grant of bail, she
would abscond and may hamper the investigation. Hence,
sought to reject the claim of petitioner.

4. Heard the arguments of both sides and perused the
records.

5. The points that arise for my consideration are as here
under:
1. Whether the petitioner has made out
satisfactory grounds to entertain her
claim for anticipatory 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:
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REASONS
7. POINT NO.1:­ On 30­05­2022 the respondent Excise
police have registered a case against one Fazil Khan in
Cr.No.12/2021­22 for the offence punishable U/s. 20(b)(ii)(a) ,
25 and 8(c) of N.D.P.S. Act. He was arrested, produced before
court and was remanded to judicial custody.

The allegation
against accused No.1 is he is carrying 660 grams of ganja in a
two wheeler bearing No.KA­05 / KS­6116.

The Excise
Inspector had received information on 30.5.2022 that a person
is carrying ganja in a vehicle.

The vehicle was intercepted,
accused was enquired and in the vehicle ganja was found and
seized under a detail mahazar.

After the apprehension of
accused when the vehicle document was checked the said
vehicle is standing in the name of present petitioner.

The
petitioner claims that she is no way connected to the crime. If
she appears before the investigating agency for enquiry she
would be detained and false allegations would be made against
her and there is every possibility of her arrest.

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8.

On careful consideration of prosecution papers one
Fazil Khan is found to be carrying 660 grams of ganja. He was
apprehended with the said ganja by the investigating agency,
he was arrested and remanded to judicial custody. During
investigation when the vehicle documents was checked, it was
found to be standing in the name of present petitioner. Except
this there is no allegation against the present petitioner that
she is involved in transportation of ganja.

At this stage, on
scrutiny of the prosecution papers there is no material
available on record that the present petitioner is actively
involved in transporting the contraband along with the
accused No.1 herein.
9. On looking to the allegations and the notice issued by
the investigating agency for the appearance of the petitioner
before them for investigation, it appears that there is imminent
threat of arrest in the aforesaid case. Therefore, if by imposing
conditions the petitioner is extended the benefit of anticipatory
bail, it would not in any way effect the process of investigation.
As per the information provided by the petitioner, she is
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permanently residing in the address shown in the cause title.
The apprehension of the prosecution that she may abscond
and may protract the trial could be compensated by imposing
stringent conditions.

In the result, I answer the point for
consideration in the affirmative.

10. Point No.2:­ In the result, I proceed to pass following:
ORDER
The Petition filed by the petitioner U/Sec.438
of Cr.P.C is hereby allowed.
The respondent police is directed to release the
petitioner on bail in the event of her arrest in
Cr.No.12/2021­22 of Banashankari Excise Police
Station for the offences punishable U/s.20(b)(ii)(a),
25 and 8(c) of NDPS Act, on executing personal bond
for a sum of Rs.50,000/­ with one surety for the
like sum with following conditions:­
1)
She shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with facts of the case, so as to
dissuade her from disclosing such facts to
the Court or to any police officer.

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2)
She shall mark her attendance before the
concerned IO on every first Sunday of the
month between 10.00 am., to 5.00 pm., till
filing of the charge sheet or further orders
which ever is earlier.

3)
She shall attend before the Court on all dates
of hearing without fail and shall not leave the
jurisdiction of this court till the conclusion of
trial without prior permission of this court.

4)
She shall not threaten or try to tamper with
the prosecution witnesses in any manner.

5)
She shall not commit similar offence or
any offence while on bail.

6)
She shall furnish her photo ID proof and
photo identity proof of their surety.

7)
Breach of any of the conditions by the
petitioner would entail cancellation of bail.

[Dictated to the Judgment Writer, directly on the computer, typed and
computerised by him, 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.
SK/*