The XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases in Bengaluru has granted bail to Harish alias Choori, who was arrayed as Accused No. 5 in a significant drug trafficking case. The court, presided over by Smt. B.S. Jayashree, delivered the order on January 17, 2023, emphasizing the lack of direct recovery from the petitioner and the completion of the investigation as primary grounds for the decision.
Background of the Case
The legal proceedings originated from Crime No. 70/2021 registered at the Srirampura Police Station. The prosecution alleged that a major drug syndicate was operating within the city, involving the transport and sale of various narcotics, including Ganja, Charas, and weed oil.
According to the prosecution’s timeline, the case began on June 20, 2021, when police received credible information regarding three individuals transporting Charas near Ayyappaswamy Temple Road. This led to the arrest of Prashantha (A1), John (A2), and Sundar (A3), from whom 800 grams of Charas and 200 grams of weed oil were seized.
The investigation expanded on July 2, 2021, when police intercepted an auto-rickshaw in Okalipuram. While the driver fled, the passenger, Babu Rao (A6), was apprehended with a massive haul of 25.4 kilograms of Ganja, which constitutes a commercial quantity under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Allegations Against Harish alias Choori
Harish, a 28-year-old resident of Bhashamanagar, Srirampura, was implicated based on the voluntary statements of the co-accused. The prosecution alleged that Harish, along with another individual named Narayana, was the source of the contraband. It was contended that he supplied the drugs to the other accused for distribution among the youth in Bengaluru.
Following these statements, Harish was arrested on November 19, 2021, and remained in judicial custody until the recent court order.
Arguments Presented by the Defense and Prosecution
The counsel for the petitioner, Sri Bhat P.R., argued that Harish was a law-abiding citizen who had been falsely implicated. A key pillar of the defense was the principle of parity, noting that Accused Nos. 1 and 2 had already been released on bail. The defense further highlighted that the investigation was complete, the charge sheet had been filed, and most importantly, no contraband was recovered from Harish’s personal possession at the time of his arrest.
The Public Prosecutor strongly opposed the bail application, citing the severity of the charges. The prosecution argued that since the total seizure involved commercial quantities of Ganja (exceeding the 20kg threshold), the stringent provisions of the NDPS Act should apply. They expressed concerns that Harish might tamper with witnesses or engage in similar criminal activities if released, given his alleged involvement in other pending cases.
The Court’s Reasoning and Findings
In her detailed analysis, Judge B.S. Jayashree observed that while the overall case involved a commercial quantity of narcotics, the specific link to Harish was primarily based on the voluntary statements of co-accused individuals.
The court noted several critical factors in favor of the petitioner:
- No Physical Recovery: The investigating agency failed to recover any contraband from the petitioner’s custody at the time of his arrest.
- Lack of Temporal Evidence: The prosecution did not provide specific material or dates indicating when Harish supposedly supplied the drugs to the other accused.
- Completed Investigation: Since the charge sheet had already been filed, the court determined that custodial interrogation was no longer necessary.
- Address Verification: The court found that the petitioner had a permanent local address, reducing the risk of him absconding.
Regarding the prosecution’s claim of previous criminal history, the court noted that no evidence of actual convictions in those cases was placed on record. Therefore, these allegations alone were not sufficient to deny bail when no recovery was made in the current instance.
Terms of Release
The court allowed the petition under Section 439 of the Cr.P.C., ordering Harish’s release on a personal bond of Rs. 1,00,000 with two sureties of the same amount. The bail is subject to several stringent conditions:
- The petitioner must not leave the court’s jurisdiction without prior permission.
- He is strictly prohibited from tampering with witnesses or absconding.
- He must not commit any similar offences while on bail.
- He must appear before the court on all hearing dates and provide valid photo ID and local address proof.
The court warned that any breach of these conditions would lead to the immediate cancellation of the bail. This ruling underscores the judicial scrutiny applied to NDPS cases, particularly regarding the distinction between accused individuals found with contraband and those implicated solely through secondary statements.