Teta Nowah Farkpai vs Union Of India
2024 Latest Caselaw 11364 Kant

Citation : 2024 Latest Caselaw 11364 Kant
Judgement Date : 25 April, 2024

Karnataka High Court

Teta Nowah Farkpai vs Union Of India on 25 April, 2024

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

                                           -1-
                                                         NC: 2024:KHC:16803
                                                     CRL.P No. 3371 of 2024




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 25TH DAY OF APRIL, 2024

                                         BEFORE

                      THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

                          CRIMINAL PETITION NO. 3371 OF 2024

               BETWEEN:

               TETA NOWAH FARKPAI
               W/O ELOCHUKWU JAMES OKOLI
               AGED ABOUT 36 YEARS
               LIBERIAN NATIONAL LIBERIA
               R/AT BANERSVILLE ROAD
               DRY RICE MARKET, DABWE TOWN
               COMMUNITY, MONROVIA LIBERIA
               WEST AFRICA - 744 101
               PASSPORT NO. PP0192473
                                                               ...PETITIONER
               (BY SRI NISHITH KUMAR SHETTY, ADV.)
               AND:

               UNION OF INDIA
               THROUGH THE INTELLIGENCE
Digitally      OFFICER, DIRECTORATE OF
signed by      REVENUE INTELLIGENCE
PAVITHRA
N              BANGALORE ZONAL UNIT
Location:      NO.8(2)P OPP BDA COMPLEX
High Court     HBR LAYOUT KALYANAGAR POST
of Karnataka
               BANASWADI BANGALORE - 560 043
               REP BY SPECIAL PUBLIC PROSECUTOR
               HIGH COURT OF KARNATAKA
               BANGALORE - 560 001.
                                                              ...RESPONDENT
               (BY SRI CHIDANANDA KULKARNI, ADV.)

                     CRL.P FILED U/S.439 CR.P.C BY THE ADVOCATE FOR THE
               PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE
               PLEASED    TO   ENLARGE   THE    PETITIONER ON    BAIL   IN
               SPL.C.C.NO.2289/2023 F.NO.DRI/BZU/S-IV/ENQ-17(INT-NIL)/2023
               FOR THE OFFENCE P/U/S 20(b), 23, 27 AND 28 OF N.D.P.S. ACT
                                -2-
                                              NC: 2024:KHC:16803
                                        CRL.P No. 3371 of 2024




PENDING ON THE FILE OF XXXIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) (CCH-33),
BENGALURU.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                            ORDER

1. Petitioner is before this Court under Section 439 Cr.PC

with a prayer to enlarge her on bail in F.No.DRI/BZU/S-IV/ENQ-

17/(INT-NIL)/2023 registered by the respondent for the

offences punishable under Sections 20(b), 23, 27 & 28 of the

Narcotic Drugs and Psychotropic Substances Act, 1985 (for

short, 'NDPS Act'), which is now pending before the Court of

XXXIII Addl. City Civil & Sessions Judge & Spl. Judge (NDPS),

Bengaluru.

2. Heard the learned Counsel for the parties.

3. Learned Counsel for the petitioner submits that this

petition is filed seeking bail only on medical grounds. He

submits that earlier the petitioner had filed bail application

before this Court in Crl.P.No.8612/2023 and the same was

withdrawn with liberty to file a fresh petition after charge sheet

was filed. He submits that after the charge sheet was filed, the

petitioner has filed an application under Section 439 Cr.PC

before the Trial Court seeking bail on medical grounds and in

NC: 2024:KHC:16803

the said proceedings, the Trial Court had called for medical

report of the petitioner. He refers to paragraph 9 of the order

passed by the Trial Court and submits that inspite of the Trial

Court making a specific observation that the petitioner is

suffering from HIV positive, the Trial Court has rejected the

petitioner's bail application. In support of his arguments, he has

placed reliance on the judgment of the Hon'ble Supreme Court

in the case of BHAWANI SINGH VS STATE OF RAJASTHAN -

2022 SCC OnLine SC 1991, and also in the case of

LALRINTLUANGA SAILO VS STATE OF MEGHALAYA &

ANOTHER - 2023 SCC OnLine Megh 562.

4. Per contra, learned Counsel appearing for the respondent

has filed his statement of objections and has opposed the

petition. He submits that the petitioner is a foreigner and in the

event she is enlarged on bail, she is likely to flee from justice.

He submits that the petitioner's prayer for bail on medical

grounds may be considered by imposing stringent conditions.

5. The submissions made on either side is placed on record.

6. The Trial Court in paragraph no.9 of its order, has

observed as under:

NC: 2024:KHC:16803

"9. The learned counsel for petitioner has called the health report of petitioner from the jail hospital. As per the report her health condition is normal and she is on medication for HIV. As per the medical report she is given medication in the jail hospital and she is not suffering from any serious health issue and she is stated to be normal.

Thus, she does not require any specialized medical treatment as per the opinion of the doctor."

7. The Hon'ble Supreme Court in Bhawani Singh's case

supra, wherein the petitioner was suffering HIV, taking into

consideration the ailment of the petitioner, has enlarged him on

bail without going into the merits of the case and also has

directed the High Court to dispose of the appeal expeditiously

having regard to Section 34(2) of the Human

Immunodeficiency Virus and Acquired Immune Deficiency

Syndrome (Prevention and Control) Act, 2017.

8. In Lalrintluanga Sailo's case supra, the High Court of

Meghalaya in paragraph 4 has observed as under:

"4. It is also trite law that in cases involving narcotic drugs and psychotropic substances especially involving seizure of commercial quantity of such contraband, the rigours of Section 37 are to be complied with and are also applicable to the case of the accused person herein. On the other

NC: 2024:KHC:16803

hand, there are also provisions even for this Court to take refuge to the provision of Article 21 to say that life and liberty of a person is equally important. As the case referred to by the learned counsel for the petitioner, that is, the case of Bhawani Singh v. State of Rajasthan, 2022 SCC OnLine SC 1991 has demonstrated this aspect of the matter wherein the Hon'ble Supreme Court in a case for application of bail taking note of the fact that the accused person involved therein is suffering from HIV, had, on this premise granted bail."

9. Considering the aforesaid aspect of the matter and also

taking into consideration that the petitioner is a lady who is in

custody from 27.05.2023, I am of the opinion that the prayer

made by the petitioner for grant of regular bail on medical

grounds is required to be answered in the affirmative.

Accordingly, the following order:

10. The petition is allowed. The petitioner is directed to be

enlarged on bail in F.No.DRI/BZU/S-IV/ENQ-17/(INT-NIL)/2023

registered by the respondent for the offences punishable under

Sections 20(b), 23, 27 & 28 of the Narcotic Drugs and

Psychotropic Substances Act, 1985, which is now pending

before the Court of XXXIII Addl. City Civil & Sessions Judge &

NC: 2024:KHC:16803

Spl. Judge (NDPS), Bengaluru, subject to the following

conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall surrender her passport before the Trial Court, if the same is not seized by the Investigating Officer till date;

c) The petitioner shall not leave the jurisdiction of the Trial Court till the disposal of the case;

d) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her appearance for valid reasons;