BENGALURU – In a significant blow to a high-profile narcotics distribution network, the XXXIII Additional City Civil and Sessions Court has rejected the bail petitions of Rayan Khan (19) and his mother Sadiya Khanum (35). The duo is accused of participating in an intricate drug trafficking operation that utilized chocolate covers and lollipop boxes to conceal commercial quantities of high-end narcotics.
Presiding Judge Smt. B.S. Jayashree delivered the order, emphasizing the severe legal barriers to bail in cases involving “commercial quantities” of drugs under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
A Trail of Chocolate Covers and “Lollipop” Containers
The case dates back to November 29, 2022, when D.J. Halli police received credible intelligence regarding drug sales near the LR Bande main road playground. A subsequent raid led to the arrest of the primary accused, Mohammed Sufiyan Hussain.
Upon inspection, police discovered that the contraband was cleverly disguised. Hussain was allegedly carrying 4 kg 500 grams of Charas hidden inside lollypop boxes from “Popito,” and chocolate covers branded as “Merlin” and “Cadbury Dairy Milk.” The investigation revealed that the drugs were sourced from a supplier in Nepal and were being sold primarily to college students and software employees in Bengaluru.
Linking the Family: Rayan Khan and Sadiya Khanum
While the initial recovery was made from the first accused, subsequent voluntary statements led the police to the current petitioners. According to the prosecution, the first accused revealed that he operated the trade alongside his associate Suhail (Accused No. 2), who in turn implicated Rayan Khan (Accused No. 4).
Further investigation brought Sadiya Khanum (Accused No. 5) into the net. Police conducted searches at their residence and a lodge where they had stayed, leading to the recovery of 27 grams of MDMA. In the eyes of the law, this recovery is critical: under the NDPS Act, anything above 10 grams of MDMA is classified as a “commercial quantity.”
The Legal “Twin Test”: Why Bail was Rejected
The defense argued that Rayan Khan and Sadiya Khanum were law-abiding citizens who had been falsely implicated. They contended that since the investigation was largely complete and the petitioners were already in judicial custody, their further detention was unnecessary.
However, the court applied the rigorous standards of Section 37 of the NDPS Act. This section mandates a “Twin Test” for bail in cases involving commercial quantities:
- The court must provide the Public Prosecutor an opportunity to oppose the application.
- If opposed, the court must be satisfied that there are “reasonable grounds” to believe the accused is not guilty and is not likely to commit further offences while on bail.
Judge B.S. Jayashree noted that “negation of bail is the rule and its grant is an exception” for commercial quantities. She cited several Supreme Court precedents, including Union of India vs. Mohammed Nawaz Khan, to underscore that “reasonable grounds” means more than just a prima facie doubt—it requires a substantial belief in the innocence of the accused.
Impact on the Younger Generation
The prosecution strongly opposed the bail, arguing that the petitioners were part of a network ruining the careers of the younger generation. The court agreed that the quantity seized—4.5 kg of Charas and 27 grams of MDMA—was significant enough to warrant continued detention.
“The petitioners herein would sell the drugs to the younger generation which may ruin the career of younger generation,” the prosecution had pleaded. Finding that the petitioners failed to provide any substantial evidence to disprove their possession of the drugs at the time of the raid, the court dismissed the petition.
The ruling serves as a stark reminder of the stringent judicial stance on drug peddling in the city, especially when narcotics are targeted at students and young professionals using deceptive packaging.