The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has rejected the bail application of 50-year-old Vantal Keshava Rao, who was arrested in connection with the seizure of over 72 kilograms of ganja. Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, ruled that the gravity of the offense and the commercial quantity of the narcotics involved made the accused ineligible for release under the stringent provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The case, registered as Criminal Miscellaneous No. 11649/2022, originated from an enforcement action by the Annapoorneshwari Nagar Police. The petitioner, a resident of Visakhapatnam, Andhra Pradesh, was booked under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which mandates severe penalties for the possession of commercial quantities of cannabis.
Details of the Inter-State Drug Operation and Arrest
The prosecution’s case dates back to February 18, 2022. Based on credible intelligence, the Annapoorneshwari Nagar Police conducted a raid at a lorry stand in Kottigepalya, Nagarabhavi 2nd Stage. During the initial operation, the police apprehended four individuals (Accused Nos. 1 to 4) who were allegedly attempting to sell ganja to lorry drivers and coolie workers. The police seized 7 kilograms and 350 grams of ganja at that time.
The investigation took a significant turn when the apprehended suspects revealed during their voluntary statements that they had procured the drugs from inter-state suppliers based in Andhra Pradesh. Specifically, they named Vantal Keshava Rao (Accused No. 6) and another individual as their primary suppliers from the Chintapalli region of Visakhapatnam.
Following this lead, the investigating agency tracked down the petitioner. Upon his arrest, Keshava Rao allegedly led the police to a service road near Malai Madeshwara Temple on the Ring Road, where he had concealed a massive stash of narcotics in a bush. The police recovered bags containing approximately 65.5 kilograms of ganja. Combined with the initial seizure, the total quantity attributed to the syndicate amounted to 72 kilograms and 85 grams.
Arguments Presented by the Defense and Prosecution
The petitioner, represented by Advocate Sri Bhagya Lakshmi S.S., filed for bail under Section 439 of the Code of Criminal Procedure, 1973. The defense argued that Rao was an innocent, law-abiding citizen who had been falsely implicated by the police. They contended that there were no eyewitnesses to the alleged sale and that the mandatory procedural requirements under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985—which governs personal search protocols—had not been followed. The defense further emphasized that the petitioner was the sole breadwinner of his family and posed no threat to society.
The Public Prosecutor strongly opposed the bail plea, characterizing Rao as a habitual drug dealer involved in a large-scale trafficking network. The prosecution emphasized that the quantity seized was “commercial,” which carries a minimum of ten years of rigorous imprisonment. They expressed grave concerns that if granted bail, the petitioner, being a resident of another state, would abscond and evade the trial, effectively hampering the investigation.
Judicial Reasoning: The Rigors of Section 37
In her detailed order, Judge B.S. Jayashree focused on the stringent legal hurdles established by Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Under this section, for offenses involving commercial quantities, bail can only be granted if the court is satisfied that there are reasonable grounds to believe the accused is not guilty and is unlikely to commit any offense while on bail.
The court cited several landmark judgments from the Supreme Court of India, including Union of India vs. Mohammed Nawaz Khan and State of Kerala vs. Rajesh. The judge noted that “reasonable grounds” means something more than prima facie grounds; it requires substantial probable cause to believe in the innocence of the accused.
The court observed that 72.085 kilograms of ganja far exceeds the 20-kilogram threshold for “commercial quantity” defined by the Ministry of Finance Department of Revenue Notification S.O.1055(E). The judge remarked that the liberty of a citizen must be balanced against the interests of society, particularly in cases involving narcotics, which are “lethal to society.”
Final Order and Rejection of Bail
The court found that there was significant prima facie evidence against Vantal Keshava Rao, especially given the recovery of a massive quantity of drugs at his instance. The judge concluded that the petitioner failed to demonstrate any reasonable grounds to believe he was not guilty.
Consequently, the court rejected the bail application, maintaining that the petitioner must remain in judicial custody pending trial. The order reinforces the judicial stance that the “liberal approach in the matter of bail under the NDPS Act is indeed uncalled for” when commercial quantities are involved.