BENGALURU: A Bengaluru Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) has rejected the bail applications of three Nigerian nationals—Blessing Chinonye Oboh (Accused No. 6), Grace Agwu Onuka (Accused No. 7), and Charity Victoria Affia (Accused No. 8)—in a high-profile case involving the seizure of a commercial quantity of Heroin.
The order, pronounced on January 24, 2023, by Smt. B.S. Jayashree, the XXXIII Addl. City Civil & Sessions Judge & Spl. Judge (NDPS), dismissed the petition filed under Section 439 of the Cr.P.C. The petitioners were arrested in connection with NCB.Cr.No.48/1/13/2022/BZU, which alleges offences under Sections 8(c), 21, 23, 28, and 29 of the NDPS Act.
Details of the Seizure and Arrest
The case, initiated by the Narcotics Control Bureau (NCB), pertains to a meticulously planned operation based on credible information received on May 23, 2022. The information suggested that a luggage baggage with tag No. KQ495221, carried by a female passenger traveling from Nairobi to Bangalore via Dubai, contained narcotic drugs.
The NCB team mounted surveillance at Kempegowda International Airport (KIA), Bangalore, on May 24, 2022. The luggage was intercepted, and upon identification and confirmation by the lady passenger (Accused No. 1), she allegedly disclosed that she had received the bag, which contained narcotic drugs, from an African lady at Zimbabwe on May 14, 2022. A search of the baggage yielded 7 Kgs of Heroin. This was seized, and Accused No. 1 was arrested.
In continuation of the investigation and based on the voluntary statement of Accused No. 1, a subsequent raid was conducted at Room No. 001, Oyo 11419, Surya Residency, New Airport Road, Bangalore. This search led to the recovery and seizure of an additional 6.850 Kgs of Heroin from another luggage baggage, bringing the total quantity seized to 13.850 Kgs of Heroin.
The three petitioners—Blessing Chinonye Oboh, Grace Agwu Onuka, and Charity Victoria Affia—were apprehended on May 28, 2022, based on the voluntary statements of the other accused, particularly Accused No. 5, who allegedly detailed his association with Accused Nos. 6, 7, and 8. The petitioners’ voluntary statements, recorded on the day of their arrest, allegedly confirmed their involvement in “importing, transporting and taking delivery of seized 13.850 Kgs of heroin.”
Court’s Analysis on Commercial Quantity and Bail Rigors
The prosecution strongly opposed the bail plea, citing the huge commercial quantity of Heroin seized and the gravity of the offences, which are punishable with rigorous imprisonment up to 20 years. The prosecution maintained that there was prima facie material establishing the petitioners’ knowledge and involvement in the drug trafficking network and that their release could lead to absconding or repetition of the crime.
The petitioners’ counsel, Sri. NKS, sought bail on the grounds that the petitioners were arrested merely based on the statements of co-accused, which are inadmissible in law. The primary argument was the plea for parity, as Accused No. 9 had been granted bail by the Hon’ble High Court of Karnataka in Crl.P. No.10604/2022.
The Special Judge first confirmed the nature of the seized contraband. Referring to the Ministry of Finance Department of Revenue Notification S.O.1055(E) dated 19.10.2001 (Sl.No.56), the court noted:
- Small Quantity of Heroin: 05 grams
- Commercial Quantity of Heroin: 250 grams
Since the total quantity seized was 13.850 Kgs, the court unequivocally confirmed that the substance was a commercial quantity.
Applicability of Section 37 of the NDPS Act
This classification instantly activated the stringent conditions for bail enshrined in Section 37(1)(b) of the NDPS Act, which mandates two cumulative conditions for the grant of bail:
- The court must be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence.
- The court must be satisfied that the accused is not likely to commit any offence while on bail.
The court referred to multiple landmark Supreme Court judgments to reinforce this position, including:
- Union of India through NCB., Lucknow Vs. Mohammed Nawaz Khan (Crl. Appeal No.1043/2021): This judgment emphasized that courts must apply the stringent parameters of Section 37 and that mere absence of recovery from the person of the accused does not absolve the court of the required scrutiny.
- State of Kerala Vs. Rajesh (2020) 12 SCC 122: This ruling clarified that “reasonable grounds” means more than prima facie grounds and contemplates a substantial probable cause for believing the accused is not guilty.
- State of MP Vs. Kajad (2001 (7) SCC 673): This decision held that “Negation of bail is the rule and its grant an exception” under Section 37, and a liberal approach is “uncalled for.”
Rejection of Parity Plea
Addressing the parity argument based on Accused No. 9’s bail, the court observed that the Investigating Agency had collected “ample material against the present petitioners” which suggests their “knowledge of transport of huge quantity of contraband in the case.” The court ruled that at this stage, no material was placed on record by the petitioners to demonstrate that they were in no way connected with the alleged crime. Given the overwhelming prima facie materials regarding their involvement and knowledge of transporting a commercial quantity of drugs, the plea for parity with a co-accused was rejected.
Concluding that the petitioners had failed to satisfy the two mandatory conditions under Section 37, the court rejected the bail petition. The denial underscores the judiciary’s strict approach in drug trafficking cases involving commercial quantities, prioritizing societal interest and the need to curb the drug menace over individual liberty in such circumstances.