- 1 - HC-KAR NC: 2025:KHC:40133 CRL.P No. 13020 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13020 OF 2025 [439(Cr.PC) / 483(BNSS)] BETWEEN: MRS. NGOKA NWAMAKA CYNTHIA W/O.OSITA OFOMATA NKEMNEME AGED ABOUT 37 YEARS, OCC: BAKER, R/O HOUSE NO. 283 TOP FLOOR, PATPARAGANJ, PATPARGANJ, NEW DELHI- 110 091. (NOW IN JUDICIL CUSTODY) …PETITIONER (BY SRI. BALAKRISHNA M R., ADVOCATE) AND: THE UNION OF INDIA, THROUGH ITS INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU, BANGALORE ZONAL UNIT, BANGALORE. REPRESENTED BY ITS CENTRAL GOVERNMENT STANDING COUNSEL, HIGH COURT BUILDING, BANGALORE- 560 001. …RESPONDENT (BY SRI. GOUTHAM DEV ULLAL, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40133 CRL.P No. 13020 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) OF CODE OF CRIMINAL PROCEDURE PRAYING TO ALLOW THIS PETITION AND RELEASE HER ON BAIL PENDING INVESTIGATION/TRIAL IN NCB F.NO.48/1/21/2025/BZU FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 8(c) READ WITH SECTION 22(C) AND 29 OF NDPS ACT REGISTERED BY THE RESPONDENT NCB NOW PENDING BEFORE THE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, NDPS, BENGALURU. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 seeking grant of bail in NCB F.NO.48/1/21/2025/BZU registered for offences punishable under Sections 8(c) read with 22(C) of Narcotic Drugs and Psychotropic Substances Act. 2. Heard learned counsel for petitioner and learned counsel for respondent. 3. Learned counsel for petitioner would contend that, name of the petitioner has been revealed by accused No.1 in her voluntary statement as she is in supply of - 3 - HC-KAR NC: 2025:KHC:40133 CRL.P No. 13020 of 2025 contraband Methamphetamine to her. Based on the voluntary statement of accused No.1, the petitioner has been arrayed as accused No.2. There is no recovery of contraband from the possession of petitioner/accused No.2. The said statement of accused No.1 was made before Investigating Officer is inadmissible unless there a recovery under Section 27 of Indian Evidence Act. Therefore, riger of Section 37 of Narcotic Drugs and Psychotropic Substances Act does not apply. The petitioner is having one and half year old female child. On these grounds, he prayed to allow the petition. 4. Per contra, learned counsel for respondent would contend that, the quantity of contraband seized from accused No.1 is a commercial quantity. Accused No.1 has specifically stated that the name, mobile number of petitioner/accused No.2 and shown her photograph and revealed that the petitioner is the supplier of contraband to her for transportation from Delhi to Bengaluru for consideration of Rs.1,00,000/-. The investigation is in - 4 - HC-KAR NC: 2025:KHC:40133 CRL.P No. 13020 of 2025 progress. The offences alleged against the petitioner/accused No.2 is heinous offence and affect the entire society especially the youngsters and students. The Investigating Officer has also seized the commercial quantity of cocaine and Methamphetamine from accused No.3. The exact role of petitioner/accused No.2 has to be ascertained only after completion of investigation and filing of final report. As the investigation is in progress, the petitioner is not entitled for grant of bail. With these, she prayed for rejection of the petition. 5. Having heard the learned counsels appearing for the parties, this Court had perused the FIR, complaint and other materials placed on record. 6. On 01.07.2025, accused No.1 - African lady was traveling from Mumbai to Bengaluru in Vijayananda Travels Bus was found possessing 6.900 kg of Methamphetamine and the same has been seized under Mahazar. The voluntary statement of accused No.1 has been recorded wherein, she has revealed the name of - 5 - HC-KAR NC: 2025:KHC:40133 CRL.P No. 13020 of 2025 petitioner/accused No.2 as the supplier of the said contraband recovered from her possession which was given by petitioner/accused No.2 for transporting from Delhi to Bengaluru for a consideration of Rs.1,00,000/-. In the said voluntary statement, accused No.1 has revealed the name, mobile number and also shown the photograph of petitioner/accused No.2. 7. Considering all the above aspects, it is clear that, there is an involvement of petitioner/accused No.2 in commission of the offences alleged against her and the investigation is in progress, the petitioner/accused No.2 is not entitled for grant of bail. Hence, the petitioner/accused No.2 has not made out a case for grant of bail. In the result, this Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 27