RADHIKA SEHRAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner-accused No.2 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in NCB Crime No.48/1/28/2022/BZU of Union of India, Narcotic Control Bureau, Bengaluru Zonal Unit, Bengaluru, pending on the file of the learned XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bengaluru, registered for the offences punishable under Ss. 8(c), 20(b)(ii)(A), 21(b), 22(b), 22(c), 23, 25, 27A, 28 and 29 of the Narcotics Drugs and Psychotropic Substances Act (for short ' NDPS Act ').

(2.) Heard Sri N Tejas, learned counsel for the petitioner and Sri M R Balakrishna, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

(3.) Learned counsel for the petitioner submitted that the petitioner is arrayed as accused No.2. She is a lady. She was residing in the rented house along with accused Nos.1 and3 The Investigating Officer held search in the room which was in the occupation of the petitioner, without following the procedure as contemplated under Sec. 41(2) of NDPS Act. Even though it is stated that LSD strips were recovered, the same were not tested with the drug detection kit. All other contraband are of small quantity. The petitioner was apprehended on 23/11/2022. Since then she is in judicial custody. She is not required for further investigation. Her detention in custody would amount to pre-trial punishment. She is not having any criminal antecedants. The petitioner is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.