The Special Court for NDPS cases in Bengaluru has rejected the second bail application of three youths from Odisha who were apprehended with a commercial quantity of ganja at the City Railway Station. The order, delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, emphasized that the stringent provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act outweigh the plea for liberty when dealing with significant quantities of prohibited substances.
The petitioners, identified as 20-year-old Juju Pradhan, 19-year-old Janardhana Kanhar, and 21-year-old Uttam Kanhar, all residents of the Kandhamal District in Odisha, were seeking release from judicial custody following their arrest by the Narcotics Control Bureau (NCB) earlier this year. The case, registered as NCB.Cr.No.48/1/14/2023/BZU, involves allegations under Sections 8(c), 20(B)(ii)(b), 27A, 28, and 29 of the NDPS Act.
The prosecution’s case dates back to April 7, 2023, when the NCB received credible intelligence regarding three individuals transporting contraband from Brahmapur, Odisha, to Bengaluru via the Prashanthi Express. Acting on this tip, the NCB team mounted surveillance at the KSR Bengaluru City Railway Station. Upon the arrival of the train, the officers identified the suspects in coach S5. When intercepted, the trio was found carrying three baggages. A subsequent search of the bags revealed multiple packets containing ganja. The total net weight of the seized substance was confirmed to be 20.640 kilograms, which significantly exceeds the 20-kilogram threshold for commercial quantity under Indian law.
During the hearing, the counsel for the petitioners argued that the youths were innocent and had been falsely implicated by the investigating agency. The defense highlighted that the petitioners were of young age, hailed from poor financial backgrounds, and had no prior criminal records. It was further argued that since the investigation was concluded and the charge sheet had already been filed, there was no longer a need for their continued detention. The defense cited various Supreme Court rulings, including the case of Mohammed Muslim alias Hussein vs. State, where bail was granted due to prolonged trial delays.
However, the Special Public Prosecutor for the NCB strongly opposed the release of the accused. The prosecution argued that the petitioners were caught red-handed with a commercial quantity of ganja and were traveling without valid train tickets, having paid penalties on board. The state contended that the accused are part of a larger drug trafficking network and their release would hinder the progress of the trial and the apprehension of other main peddlers. They further argued that the threat posed to the health of the public, particularly the youth, necessitated the continued incarceration of the accused.
In her detailed judgment, Judge B.S. Jayashree noted that the quantity of ganja seized—over 20.6 kilograms—falls squarely within the commercial category. The court observed that under Section 37 of the NDPS Act, the court can only grant bail if there are reasonable grounds to believe that the accused is not guilty of the offence and that they are not likely to commit any offence while on bail. The court found that at this stage, the prosecution had presented a strong prima facie case against the trio.
Addressing the defense’s reliance on precedents regarding trial delays, the judge noted that the petitioners had only been in custody since April 2023 and the trial was already moving toward the framing of charges. The court distinguished this from cases where individuals spend several years in jail without progress. The court also highlighted that “reasonable grounds” means something more than just prima facie grounds; it requires substantial probable cause to believe in the innocence of the accused, which was not established in this instance.
The court further emphasized that the interest of society must be balanced against the liberty of the individual. In cases involving lethal activities like narcotic trafficking, the court held that public safety remains paramount. Consequently, the court found no merit in the second bail petition and rejected the application, ordering the accused to remain in judicial custody as the trial proceeds.