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 a major drug trafficking racket. The order, delivered by Smt. B.S. Jayashree, Special Judge (NDPS), emphasized the gravity of possessing commercial quantities of narcotics and the stringent legal barriers to bail under the NDPS Act.
Vantal Keshava Rao, a resident of Kadaparaya Village in the Chintapalli region of Visakhapatnam, Andhra Pradesh, was arrayed as Accused Number 6 in the case registered by the Annapoorneshwari Nagar Police Station. The court ruled that the evidence presented by the prosecution established a prima facie case of the petitioner’s involvement in the procurement and storage of massive quantities of ganja.
The Nagarabhavi Lorry Stand Raid
The legal proceedings originated on February 18, 2022, following a tactical operation by the Annapoorneshwari Nagar Police. Acting on credible intelligence, the police conducted a raid at a lorry stand near Kengeri Ring Road in Nagarabhavi 2nd Stage. They intercepted four individuals who were allegedly selling ganja to lorry drivers and daily wage workers from a two-wheeler.
During this initial raid, the police seized 7 kilograms and 350 grams of ganja and arrested Accused Numbers 1 through 4. However, the investigation took a significant turn during the interrogation of these suspects. The arrested individuals revealed that their primary source of supply was based in the forest regions of Andhra Pradesh, specifically naming the petitioner, Vantal Keshava Rao, and another associate as the suppliers.
The Interstate Investigation and Massive Recovery
Following the leads provided by the initial suspects, the investigating agency traveled to Kadaparaya Village in Visakhapatnam. While one suspect managed to evade arrest, Vantal Keshava Rao was apprehended. According to the police report, the petitioner admitted to supplying between 60 to 70 kilograms of ganja to customers in Bengaluru.
The petitioner reportedly led the police to a service road on the Bengaluru Ring Road, where he had concealed several bags of ganja in a bush near the Malai Madeshwara Temple. Upon recovery and weighing, the contraband was found to be 65.5 kilograms. Combined with the initial seizure, the total quantity of ganja linked to the gang reached 72 kilograms and 85 grams.
Arguments for the Petitioner and Prosecution Objections
Counsel for the petitioner argued that Rao was an innocent citizen who had been “falsely implanted” into the case by the police. The defense contended that the mandatory procedural requirements under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (pertaining to conditions of search) had not been complied with. They also argued that since the investigation was complete and a charge sheet had been filed, Rao’s continued detention was unnecessary, especially as he was the sole breadwinner for his family.
The prosecution strongly opposed the bail plea, highlighting that the quantity seized was far beyond the commercial threshold. They argued that Rao was a “habitual drug dealer” and expressed concern that if released on bail, he would abscond back to Andhra Pradesh and hamper the ongoing judicial process.
Judicial Reasoning and the Section 37 Hurdle
In her detailed order, Judge B.S. Jayashree noted that the quantity of ganja involved—72.085 kilograms—clearly falls into the “commercial quantity” category. Under the Ministry of Finance notification, any amount of ganja exceeding 20 kilograms is classified as commercial.
The court invoked Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which stipulates that bail for commercial quantities can only be granted if there are “reasonable grounds” to believe that the accused is not guilty and is unlikely to commit any offense while on bail. The judge cited several landmark Supreme Court rulings, including State of Kerala vs. Rajesh (2020), which observed that “negation of bail is the rule and its grant an exception” under the NDPS Act.
The court observed that the petitioner himself pointed out the location where the 65.5 kilograms of ganja was hidden. This “recovery at the instance of the accused” constitutes strong prima facie evidence. The judge remarked that the interests of society must be balanced against individual liberty, noting that drug trafficking activities are lethal to the social fabric.
Conclusion
The court concluded that the petitioner failed to satisfy the dual conditions required for bail in cases involving commercial quantities. Finding no merit in the plea, the court rejected the application filed under Section 439 of the Code of Criminal Procedure, 1973. Vantal Keshava Rao will remain in judicial custody pending trial.