BENGALURU: A Special NDPS Court in Bengaluru has rejected the regular bail application of a 36-year-old software architect, Yash Kapoor, who was arrested by Customs officials for allegedly importing a commercial quantity of Psilocybin “magic truffles” from the Netherlands. The court, presided over by Smt. B.S. Jayashree, XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, ruled that there were no reasonable grounds to believe the accused was innocent of the serious charges.

The Operation: “Controlled Delivery” at Silver Oaks Apartments

The case against Yash Kapoor unfolded through a sophisticated “controlled delivery” operation conducted by the Bengaluru Customs. A parcel arriving from the Netherlands, declared as “9 micro-seal” with a value of 72.75 Euros, was flagged during scanning at the Foreign Post Office.

Upon inspection, officials discovered six strips of brown substances (microdosing truffles weighing 75 grams) and three transparent packets of light brown substances (magic truffles weighing 50 grams). Laboratory tests and research confirmed the presence of Psilocybin, a psychotropic substance banned under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

To identify the actual recipient, the Customs department permitted the parcel to proceed under supervision. When the dummy parcel reached Kapoor’s residence at No. 204, Silver Oaks Garden Apartments on Vittal Mallya Road, he reportedly acknowledged the delivery and paid ₹3,000 towards customs duty and postal charges. He was immediately apprehended by the waiting officials.

Bitcoin and Dark Web Research: The Prosecution’s Case

According to the prosecution, Kapoor admitted in his statement that he had researched Psilocybin as a potential cure for persistent headaches and depression after watching a Netflix web series titled “How to Change Your Mind.” The investigation revealed that the accused placed the order on a website named www.wholecelium.com. To bypass traditional banking systems, he allegedly purchased Bitcoin via his Wazir X wallet, transferred it to a Coinbase wallet, and paid approximately ₹6,872 for the drugs. The court noted that the total weight of the seized substances was 255 grams, which significantly exceeds the 50-gram threshold for “commercial quantity” as per Ministry of Finance notifications.

Defense Arguments: Microdosing and Medical Necessity

Kapoor’s legal counsel argued for his innocence, stating that he was a law-abiding software professional. The defense contended that:

• The actual extracted quantity of Psilocybin from the truffles would be minimal (roughly 2mg per gram), meaning the total pure drug would not exceed 2 grams—a “small quantity.”
• Kapoor was unaware that “magic mushrooms” contained banned psychotropic substances.
• The petitioner suffers from hyperthyroidism and abnormal liver and kidney results, requiring urgent medical care.
• His wife is undergoing fertility treatment, and his presence is crucial for the success of the ongoing medical procedure.
• As an Associate Software Architect, his continued detention puts his career and job security at high risk.

Court’s Reasoning: The Strict Mandate of Section 37

Despite the medical and personal pleas, Judge B.S. Jayashree applied the stringent parameters of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. This section mandates that for 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 Supreme Court precedents, including Union of India Vs. Mohammed Nawaz Khan, which emphasize that the gravity of the offense and the organized nature of drug trafficking through the Dark Web and crypto-payments require a strict approach.

The Judge observed that Kapoor’s research into Bitcoin and the Dutch website showed a clear “knowledge of consequences.” The court held that the 255 grams of truffles must be treated as a commercial quantity regardless of the pure drug concentration, as the entire mixture is considered under current law.

The order concluded that given the prima facie evidence of Kapoor booking a banned substance from a foreign country using anonymous payment methods, he had not made out sufficient grounds for bail. The petition filed under Section 439 of the Code of Criminal Procedure, 1973 (Special Provision regarding bail) was officially rejected.