IN THE COURT OF THE LD.

SPECIAL JUDGE, NDPS ACT AT

BENGALURU

CRL. MISC. PETITION NO. 333 / 2024

IN THE MATTER OF:

Swarana,

D/o Suresh,

3rd Main Road, Basaveshwarnagar,

Bengaluru 560032 ...PETITIONER

VERSUS

State of
Karnataka ...RESPONDENT

BAIL PETITION SEEKING STATUTORY BAIL UNDER SECTION 36A(4) OF

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985,
READ WITH SECTION 439 OF THE CRIMINAL PROCEDURE COE, 1973

The humble petition of the Petitioner above named:

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is a 22-year-old college student who was arrested on

23.10.2023 in Cr. No. 999 /2023 registered under Sections 21, 29, 61 & 85
 NDPS Act by the Bengaluru Police. The allegations pertain to the alleged
recovery of 340 gms of morphine from the possession of the Petitioner and
three other accused persons.

2. That on 23.10.2023, the Petitioner, along with four friends, was proceeding to
play cricket at a local ground when the police received a tip-off about them
allegedly carrying contraband. ACP Shiva Kumar was on the spot when the
police team conducted the raid and search of the Petitioner's sports bag.

3. That a Section 50 notice was duly issued, after which the suspected substance
was tested using an NDPS kit, which showed a positive result for morphine.
The plastic pouch containing the suspect powder was weighed and found to
be 340 gms.

4. That the Petitioner and the other accused were placed under arrest on the
same day i.e. 23.10.2023. An FIR being Cr. No. 999 /2023 was registered
against them under Sections 21 (possession of contraband), 29 (abetment), 61
(dealing in psychotropic substances) and 85 (offences by
companies/associations) of the NDPS Act.

5. That the prosecution filed FSL report and supplementary charge sheet before
this Hon'ble Court on 23.03.2024.

6. That as per Section 36A(4) of the NDPS Act, if no prosecution evidence is

furnished within 180 days from arrest, the accused is entitled to statutory bail
on execution of bail bonds. That more than 180 days have elapsed since
23.10.2023 when the Petitioner was arrested. The statutory period for
furnishing prosecution evidence expired on 20.04.2024.

7. That though supplementary charge sheet was filed on 23.03.2024, the entire
prosecution evidence has not been furnished within the statutory period.
Vital evidence like examination of panch witnesses, seizure witnesses, the
 investigating officer and other remaining prosecution witnesses is yet to be
led.

8. That the Petitioner has not been released on statutory bail despite expiry of
the indefeasible 180 day period under Section 36A(4) NDPS Act.

9. That one of the co-accused, Poorna Tejas, has already been granted interim
bail by the Hon'ble Supreme Court vide order dated 29.02.2024 on grounds of
ill-health.

10. That for all the reasons stated above, the Petitioner has been subjected to
unfair, discriminatory and unjust treatment by the prosecuting authorities
resulting in a violation of her valuable personal liberty and rights enshrined
under Article 21 of the Constitution.

PRAYER:

Wherefore, in light of the abovementioned facts and circumstances, it is therefore

most respectfully prayed that this Hon'ble Court may be pleased to:

a) Grant statutory bail to the Petitioner under Section 36A(4) of the NDPS Act on
such terms and conditions as this Hon'ble Court may deem fit and proper;

b) Pass any other order(s) as this Hon'ble Court may deem fit and proper in the
facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND,

SHALL EVER PRAY.

PETITIONER

(Swarana)
 THROUGH

(SSS Associates)

ADVOCATE

Place: Bengaluru

Dated: 25.03.2024

VERIFICATION

I, Swarana, the Petitioner abovenamed, do hereby verify that the contents of this
complaint are true and correct to the best of my knowledge, information and belief.

Verified at Bengaluru on this 25th day of March, 2024.

(Petitioner’s Signature)