The XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases in Bengaluru has rejected the bail application of Smt. Mubarak, Accused No. 3, in a high-profile narcotics case involving the seizure of over half a ton of Ganja. The order, passed by Judge Smt. B.S. Jayashree on January 19, 2023, emphasizes the “deterrent punishment” required for illicit trafficking and the stringent legal barriers against bail when commercial quantities of drugs are involved.
The Kempambudhi Lake Raid and House Search
The case dates back to September 12, 2022, when the K.G. Nagar Police received intelligence about a drug syndicate operating near the north gate of Kempambudhi Lake. According to police records, a team led by the PSI mounted surveillance and spotted an auto-rickshaw and a two-wheeler. A decoy was used to confirm the illegal sale of narcotics before the police moved in to apprehend the suspects.
Initially, police recovered 66.7 kg of Ganja from the vehicles. However, the investigation took a significant turn following the voluntary statements of the arrested individuals. This led the police to the residence of Accused No. 3, Smt. Mubarak, in Ramasandra Main Road, Dodda Basti. A subsequent raid on her house unearthed an additional 440 kg of Ganja stored in plastic bags. The total haul reached a staggering 506 kg and 700 grams, valued at approximately Rs 2 crore.
Legal Arguments: “Joint Recovery” vs. “Conscious Possession”
The defense counsel for Smt. Mubarak argued that the petitioner was innocent and had been “planted” in the case. Key points raised by the defense included:
- Procedural Lapses: Claims that Section 50 of the NDPS Act (pertaining to personal search) was not complied with.
- Lack of Direct Recovery: The argument that there was no “specific recovery” from her person and that “joint recovery” is legally flawed.
- Gender and Status: Emphasizing that she is a woman with no prior criminal record and a permanent resident of Bengaluru.
The prosecution countered these claims by highlighting the sheer volume of the contraband. They argued that 506 kg is many times the “commercial quantity” threshold (which is 20 kg for Ganja). Under Section 37 of the NDPS Act, bail in such cases is the exception rather than the rule, requiring the court to be satisfied that there are reasonable grounds to believe the accused is not guilty.
Court’s Decision: The Severity of Commercial Quantities
In her detailed reasoning, Judge B.S. Jayashree dismissed the defense’s technical objections. The court noted that because the seizure occurred from a vehicle and a house rather than a personal search of the body, the specific requirements of Section 50 of the NDPS Act were not applicable.
The judge relied on several Supreme Court precedents, including Union of India vs. Mohammed Nawaz Khan and State of Kerala vs. Rajesh, which mandate a “strict interpretation” of bail laws for drug trafficking. The court observed that “reasonable grounds” for bail must be more than just prima facie grounds; there must be substantial evidence suggesting innocence, which was missing in this case.
“The quantity of the contraband seized in the case is commercial quantity,” the judge noted, adding that the petitioner was in “conscious possession” along with other accused. The court expressed concern that the illicit trade of such huge quantities “ruins the career of the younger generation” and is “lethal to society.”
Final Order
The court found that the petitioner failed to meet the twin conditions of Section 37 of the NDPS Act. Consequently, the bail petition filed under Section 439 of the Cr.P.C. was rejected. Smt. Mubarak will remain in judicial custody as the trial proceeds.
The NDPS Act remains one of the most stringent laws in India, where the possession of a commercial quantity of a narcotic drug carries a minimum of 10 years of rigorous imprisonment, extending up to 20 years.
Bengaluru Police drug haul reporting
This video provides additional context on the scale of drug seizures in Bengaluru and the police’s ongoing efforts to curb large-scale trafficking leading up to major public events.