The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has dismissed the bail application of 20-year-old Mohammed Shiyan, a second-year B.Sc. Nursing student, who was arrested in connection with a large-scale drug trafficking operation. The court, presided over by Special Judge Smt. B.S. Jayashree, ruled that the gravity of the offence and the seizure of commercial quantities of narcotics outweighed the petitioner’s plea for academic leniency.

The petitioner, identified as Accused No. 7 in Crime No. 92/2022 registered by the Soladevanahalli Police Station, was seeking regular bail under Section 439 of the Code of Criminal Procedure. The charges against him and six others include violations of Sections 20(b), 20(b)(i), and 22(c) of the NDPS Act.

Background of the Drug Bust at Desire Apartment

The case stems from a raid conducted on May 11, 2022. Acting on credible information regarding the sale of narcotics near the Chikkabanavara Railway Parallel road, the Soladevanahalli Police apprehended two individuals, Subin Binoy (A1) and Mohammed Irfan (A3). During a personal search, officers found packets of ganja and weed oil.

Upon interrogation, the duo led the police to Flat No. 1016 on the 10th floor of Desire Apartment, where they resided with five other individuals, including the petitioner, Mohammed Shiyan. A subsequent search of the apartment resulted in the seizure of a massive haul of contraband. The items recovered included 1 kg 580 grams of Ganja, 1 kg 960 grams of Weed oil (Ganja oil), and 154 boxes of weed oil weighing 1,188 grams. Along with the drugs, police seized a weighing machine and various vessels used for processing.

Defense Arguments: Academic Career and Innocent Presence

The counsel for Mohammed Shiyan argued that the petitioner was a victim of circumstance and a law-abiding student with no prior criminal record. The defense claimed that Shiyan was merely a resident of the apartment and had no connection to the illegal trade or “conscious possession” of the drugs.

A significant portion of the defense plea focused on Shiyan’s status as a nursing student. It was argued that he had upcoming semester exams in December 2022 and that continued detention would result in the loss of his academic year and ruin his career. The defense also challenged the procedural legality of the raid, alleging non-compliance with Section 42 of the NDPS Act regarding search and seizure protocols.

Prosecution Opposes Release Citing “Commercial Quantity”

The Public Prosecutor strongly opposed the bail, highlighting that the quantity of weed oil seized (nearly 3 kilograms in total) constitutes a “commercial quantity” under the law. Under the NDPS Act, the threshold for commercial quantity of weed oil is just 1 kg.

The prosecution argued that the accused were part of a syndicate selling high-potency drugs to the younger generation, which has a devastating impact on society. They contended that since the investigation revealed Shiyan was found inside the apartment where the drugs were stored and processed, his involvement was prima facie evident.

Court’s Observations on NDPS Section 37

In its detailed order, the court emphasized the stringent requirements of Section 37 of the NDPS Act. This section mandates that for offences involving 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 offence while on bail.

Judge B.S. Jayashree observed that the petitioner was apprehended along with other accused persons in a confined space where a large volume of contraband was present. The court noted that the “conscious possession” of such a high volume of drugs cannot be overlooked at the bail stage based on a plea of being a student.

The judge cited several Supreme Court precedents, including the recent “State of Kerala Vs. Mahesh” case, which cautioned courts against mechanically granting bail in heinous offences. The court remarked that the seriousness of the charge is a primary consideration, and the more heinous the crime, the greater the justification for rejecting bail.

The court concluded that Shiyan failed to make out sufficient grounds for release. The order stated that the interest of society and the need to curb drug trafficking must prevail over the individual academic concerns of the accused. Consequently, the bail petition (Crl. Misc. No. 11285/2022) was rejected.