GRACE RAI Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) The present petition has been filed by the accused under Section 439 of Cr.P.C. to release her on bail in NCB.F.No.48/1/14/2018/BZU on the file of NCB, Bengaluru, pending on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases (CCH-33), Bangalore, for the offences punishable under Sections 8(c) r/w. Sections 21, 22, 28 and 29 of NDPS Act.

(2.) I have heard Sri Hashmath Pasha, learned Senior Counsel appearing for the petitioner-accused and Sri K.N.Mohan, Special PP for the respondent-NCB.

(3.) Brief facts of the case are that on 1.8.2018 an information was received by the respondent-NCB to the effect that one lady by name Grace Rai @ Rose is travelling from Mumbai to Bengaluru in SRS Travels Bus bearing Regn.No.KA-01-AF-0551 and she is likely to be in possession of substantial quantity of cocaine and other drugs in her hand bag and she is likely to get down at Kalasipalya Bus Stop. Immediately the Investigating Officer recorded the information in the form NCB-1 information report and submitted the same to his Superior Officer and after securing his staff and panch witnesses he reached Tumakur and were waiting for the surveillance of the said bus near the tollgate. At about 3.45 p.m. they intercepted the said bus by showing their identity to the driver and conductor and came to know that one lady by one Grace Rai @ Rose was travelling in the said bus. They also kept surveillance on the said seat where she was sitting and travelling the said bus. Thereafter, the said bus reached the last stop at Kalasipalya at about 5.40 p.m. and the said suspecting lady was about to get down and at that time, they intercepted her in the presence of independent witnesses and after showing the identity when she was enquired, she told that she is not possessing any ID card. She was found in possession of brown colour handbag. She was informed that her bag is going to be searched in the presence of independent witnesses for which she agreed and in the said bag on search, they found three noodle packets and on examination of the said three noodle packets they found that two packets were containing cocaine and another packet containing Ketamine drug. Each one of them was weighing 100 grams. They were seized by drawing a mahazar after taking the sample. On the basis of the said complaint, a case has been registered.