Karnataka High Court
Vanlallawmi vs Union Of India on 20 January, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2025:KHC:2179
CRL.P No. 12351 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 12351 OF 2024 (439(Cr.PC) /
483(BNSS))
BETWEEN:
VANLALLAWMI D/O LALLIANA
AGED ABOUT 36 YEARS,
R/AT NO-221, RAIL CROSSING,
BAIRABI KILASIB
MIZORAM-796081.
...PETITIONER
(BY SRI BASAVARAJU T. A., ADVOCATE)
AND:
UNION OF INDIA
THROUGH INTELLIGENCE OFFICER
DIRECTORATE OF REVENUE INTELLIGENCE
BANGALORE ZONAL UNIT NO-8(2)P,
Digitally signed by
SHILPA R OPP. BDA COMPLEX.
TENIHALLI
Location: HIGH
COURT OF HBR LAYOUT KALYANAGAR POST,
KARNATAKA BANASAWADI, BENGALURU-560043 ,
REPRESENTED BY
SPECIAL PUBLIC PROSECUTOR
CENTRAL GOVERNMENT ADVOCATES OFFICE
AT ADVOCATE GENERAL OFFICE
HIGH COURT BUILDING
HIGH COURT OF KARNATAKA
AMBEDKAR VEEDHI BENGALURU-560001.
...RESPONDENT
(BY SRI MADHU N. RAO, ADVOCATE)
-2-
NC: 2025:KHC:2179
CRL.P No. 12351 of 2024
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
F.NO.DRI/BZU/S-IV/ENQ-03/(INT-NIL)/2023 OF INTELLIGENCE
OFFICER, DRI FOR AN OFFENCE U/S 21(C),23(C) AND 28(C)
OF NDPS ACT, PENDING ON THE FILE OF HON'BLE XXXIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL
JUDGE (NDPS) AT BENGALURU (CCH-33) IN
SPL.CC.NO.1738/2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused in Special Case No.1738/2023 pending
before the Court of XXXIII Addl. City Civil and Sessions Judge
and Special Judge (NDPS), Bengaluru, arising out of
F.No.DRI/BZU/S-IV/ENQ-03/(INT-NIL)/2023, registered by the
Intelligence Officer of Directorate of Revenue Intelligence,
Bengaluru Zonal Unit, Bengaluru, for the offences punishable
under Sections 21(c), 23(c) and 28 of Narcotic Drugs and
Psychotropic Substances Act, 1985, (for short ‘NDPS Act‘), is
before this Court seeking regular bail.
2. Heard the learned counsel for the parties.
-3-
NC: 2025:KHC:2179
CRL.P No. 12351 of 2024
3. It is the case of the prosecution that, on the basis
of the credible intelligence gathered by the Intelligence Officer
of DRI, Bengaluru Zonal Unit, the petitioner who arrived in
Ethiopian Airways at Bengaluru International Airport on
20.02.2023, was interrogated and from her possession 02
kilogram and 20 grams of cocaine was recovered under a
mahazar and subsequently, the petitioner was arrested and
produced before the jurisdictional Court and remanded to
judicial custody. The investigation of the case is completed and
a complaint as provided under Section 36A of the NDPS Act,
was filed before the Special Court for the aforesaid offences
against the petitioner. The bail application filed by the
petitioner before the trial Court in Crl. Misc. No.11742/2024
was rejected on 08.12.2023. Therefore, the petitioner is before
this Court.
4. Learned counsel for the petitioner submits that, the
petitioner is a married lady, having two children. She has no
other criminal antecedents. She is in custody for the last nearly
two years. The trial in the case is yet to commence. There is no
compliance of Section 50 of the NDPS Act, in the present case.
Accordingly, he prays to allow the petition.
-4-
NC: 2025:KHC:2179
CRL.P No. 12351 of 2024
5. Per contra, learned counsel for the respondent who
has filed statement of objections, has opposed the petition. He
submits that, the seizure is from the trolley bag of the
petitioner which she was carrying. There is no requirement of
compliance of Section 50 of the NDPS Act. He submits that,
charges have already been framed in the present case and
even the date for trial has been fixed and efforts shall be made
to conclude the trial at the earliest. He also submits that, since
the contraband article is of commercial quantity in view of the
rigor under Section 37 of the NDPS Act, the petitioner’s prayer
cannot be granted.
6. The material on record would go to show that, on
the basis of the credible information received on 19.02.2023,
the petitioner arrived at Bengaluru International Airport, in a
Ethiopian Airways from Addis Ababa and was intercepted by the
Officers of DRI and when the trolley bag which she was
carrying was searched, contraband article allegedly cocaine
totally weighing 02 kilogram and 20 grams was found.
Thereafter, the recovered contraband article was subjected to
Panchanama and the petitioner was arrested and produced
before the jurisdictional Court and remanded for judicial
-5-
NC: 2025:KHC:2179
CRL.P No. 12351 of 2024
custody. The investigation of the case is completed and
complaint is filed as provided under Section 36A of the Act. The
seized contraband article on chemical examination has tested
positive for the drug cocaine and it is not in dispute that, the
seized contraband article is of a commercial quantity.
7. The submission of the learned counsel for the
petitioner that, the requirement of Section 50 of the NDPS Act
has not been complied in the present case, needs to be
rejected for the reason that, there is no seizure of contraband
article from the person of the petitioner in the present case and
the seizure of the contraband article is from the trolley bag
which the petitioner was carrying with her from Addis Ababa to
Bengaluru.
8. The petitioner is a married lady, aged about 35
years and it is brought to the notice of this Court that she has
two small children. The petitioner is in custody for the last
nearly two years. The investigation of the case is already
completed. Though charge has been framed by the trial Court,
undisputedly, the trial in the case has not yet commenced.
-6-
NC: 2025:KHC:2179
CRL.P No. 12351 of 2024
9. In the case of Chitta Biswas Alias Subhas vs.
State of West Bengal reported in 2020 SCC OnLine SC
1536, the Hon’ble Supreme Court taking into consideration
that the accused was in custody for a period of one year seven
months and there was no sufficient progress in trial, without
expressing any opinion on merits and demerits of the case, has
granted regular bail to the accused. In the case of Nitish
Adhikary alias Bapan vs. State of West Bengal reported in
2022 SCC OnLine SC 2068 in a case where charge sheet was
filed for the offences punishable under Sections 21(c) and 37 of
the NDPS Act and accused was in custody for a period of one
year seven months, the Hon’ble Supreme Court has granted
regular bail on the ground that trial is still in the preliminary
stage, as only one witness was examined.
10. In the present case, the petitioner is in the custody
for the last nearly two years. In view of the long period of
incarceration of the petitioner and also having regard to the
proviso to Section 437(1) of the Cr.P.C., the petitioner’s prayer
for grant of regular bail needs to be answered affirmatively.
-7-
NC: 2025:KHC:2179
CRL.P No. 12351 of 2024
11. Under the circumstances, I am of the opinion that,
the petitioner prayer for grant of regular bail needs to be
answered affirmatively, subject to imposing appropriate
conditions. Accordingly, the following order:
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime
No.DRI/BZU/S-IV/ENQ-03(INT-NIL)/2023 of Intelligence
Officer, Directorate of Revenue Intelligence (DRI), Bengaluru
Zonal Unit, Bengaluru, registered for the offences punishable
under Sections 21(c), 23(c) and 28(c) of NDPS Act, pending in
Special Case No.1738/2023 on the file of the XXXIII Addl. City
Civil and Sessions Judge and Special Judge (NDPS), at
Bengaluru, subject to the following conditions:
a) The petitioner shall execute personal bond for a sum
of Rs.1,00,000/- with two sureties for the likesum,
and out of the same one surety shall be local surety
to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates
of hearing before the Trial Court unless the Trial
Court exempts her appearance for valid reasons;
-8-
NC: 2025:KHC:2179
CRL.P No. 12351 of 2024
c) The petitioner shall not directly or indirectly threaten
or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in
future;
e) The petitioner shall not leave the jurisdiction of the
Trial Court without permission of the said Court until
the case registered against her is disposed off.
sd/-
(S VISHWAJITH SHETTY)
JUDGE
Svh/-
List No.: 19 Sl No.: 6
CT:PK
[ad_1]
Source link