IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF APRIL, 2017 BEFORE THE HON' BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.1888 OF 2017 BETWEEN:
LOVETH OSASOGIE R/AT NO.59, GROUND FLOOR 3RD CROSS, T.C.PALYA, NEAR ST.ANTHONY’S CHURCH BANGALORE-560 036.
... PETITIONER (BY SRI K.S.VISHWANATH, ADV.,) AND:
INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU BANGALORE-560 063.
REPRESENTED BY LEARNED SPECIAL PUBLIC PROSECUTOR ... RESPONDENT (BY SRI K.N.MOHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE HER ON BAIL IN NCB F. NO.48/1/8/2016/BZU, BANGALORE FOR THE OFFENCE P/U/S 8(c) R/W 21, 22, 29, 32B(d) OF NDPS ACT, WHICH IS PENDING IN SPL.C.C.NO.53/2017 ON THE FILE OF THE HON'BLE SPECIAL JUDGE FOR NDPS, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
2. The respondent-Intelligence Officer, Narcotics Control Bureau, Bangalore Zonal Unit, registered a case in NCB F.No.48/1/8/2016/BZU in respect of the offences punishable under Section 8(c) read with Sections 21, 22, 29 & 32B(d) of NDPS Act, 1985 on 3.8.2016, on the allegation that on a credible information, the respondent and his staff raided residence No.59, Ground Floor, 3rd Cross, T.C.Palya, Near St.Anthony’s Church, Bengaluru-36. Two accused persons were present in the house. During the body search of accused No.1 and from his bed room, incriminating substance was seized. The petitioner along with accused No.1 was arrested and substance was seized under mahazar. The complaint is filed to the Court by the respondent-Intelligence Officer.
3. It is alleged in the complaint that the accused persons committed the offence of possession, transportation and selling of cocaine, Crystal Meth, MDMA, LSD and commercial quantity was seized from them on 3.8.2016. Thus, contravened the provision of Section 8(c) read with Sections 21, 22, 29 and 32B(d) and punishable under Sections 21, 22, 29 & 32B(d) of the NDPS Act.
4. Sri K.N.Mohan, learned Special Public Prosecutor files his statement of objections and opposes the petition on the ground that there is enough material on record about the complicity of this petitioner with accused No.1 in the alleged offence.
5. Obviously, no contraband substance was seized from the person of this petitioner and no incriminating material was seized from her possession. Investigation being complete and no antecedents in respect of the crimes of identical nature having been shown and she being a Nigerian national residing at Bangalore and having valid Visa, there is no impediment to allow the petition.
6. Accordingly, petition is allowed. Petitioner is enlarged on bail in NCB F.No.48/1/8/2016/BZU registered by the respondent-Police, subject to following conditions:
(i) She shall execute a self bond for a sum of Rs.2,00,000/- with two local sureties for the likesum to the satisfaction of the concerned Court. The sureties shall produce their Aadhar Card/Identity Card and the original title deed pertaining to their immovable property for perusal of the Court;
(ii) She shall attend the Court regularly on all hearing dates;
(iii) She shall not involve in identical activities; and (iv) She shall mark her attendance in the office of the respondent-Intelligence Officer on every alternate Friday during office hours till conclusion of trial.
Sd/- JUDGE PB