JULIET R. ZAMVELI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner-accused No.9 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in NCB Crime No.48/1/13/2022/BZU of Narcotics Control Bureau Police, Bengaluru Zonal Unit, pending on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bengaluru, registered for the offences punishable under Ss. 8(c) , 21(c) , 23 , 27-A , 28 and 29 of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for short ' NDPS Act '), on the basis of the first information received by -NCB.

(2.) Heard Sri. Hashmath Pasha, learned Senior advocate for Sri. Kariappa N.A., advocate for the petitioner and Sri. M.R.Balakrishna, learned Central Government Standing Counsel for the respondent -NCB. Perused the materials on record.

(3.) Learned Senior counsel for the petitioner submitted that the petitioner is arrayed as accused No.9. She is innocent and has not committed any offences as alleged. She has been falsely implicated in the matter without any basis. She was apprehended on 7/8/2022 and since then she is in judicial custody. Initially the first information was registered on 23/5/2022 against accused Nos.1 and 2 where they were found with 7 kgs of Heroin at the International Airport, Bengaluru. Subsequently, it is stated that on the basis of the information given by accused No.2, her room was searched at Surya Residency and 6.850 kgs of Heroin was said to have been seized. Subsequently, accused Nos.3 to 8 were also apprehended. In the meantime, on 3/8/2022 an information from the Intelligence Bureau was said to have been received. The house of the petitioner at Delhi was searched by NCB police, but no incriminating materials were found. The petitioner was brought to Bengaluru on 6/8/2022. Her voluntary statements were recorded on 6/8/2022 and 7/8/2022, but nothing incriminating is available on record to connect the petitioner to any of the offences in question. The only allegation against the petitioner is that she is a drug peddler and her husband is a Nigerian resident and that he is absconding. The same cannot be a ground to implicate the petitioner. She is not required to be detained in custody and her detention would amount to pre-trial punishment. She 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.