A Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has denied bail to two college students, Sojin and Kiran S. Kumar, following their arrest in a high-profile narcotics raid. The order, delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), emphasized the gravity of the offense involving “commercial quantities” of narcotics, including a significant haul of rare weed oil.

The accused, identified as 21-year-old Sojin, son of Thomas Kutty, and Kiran S. Kumar, son of Kumar, are final-year B.Sc. students of Operation Theater Technology at a prominent college in Bengaluru. The duo, along with others, was arrested by the Soladevanahalli Police in connection with a drug peddling network operating out of a residential apartment.

Details Of The Soladevanahalli Police Raid

The criminal case, registered as Crime Number 92/2022, originated from a police operation on May 11, 2022. Acting on credible information regarding the sale of illegal substances near the Chikkabanavara Railway Parallel Road, the Soladevanahalli Police Inspector obtained permission from the Assistant Commissioner of Police to conduct a raid.

During the initial phase of the operation, the police apprehended two individuals, Subin Binoy and Mohammed Irfan (Accused Nos. 1 and 3). A personal search conducted in the presence of a gazetted officer led to the recovery of 10 packets of ganja and 12 plastic packets of weed oil.

Interrogation of the first two suspects led the police to Flat No. 1016 on the 10th floor of the Mahaveer Desire Apartment. Upon raiding the premises, the police found the current petitioners, Sojin and Kiran S. Kumar, along with other accomplices. A thorough search of the flat yielded a massive cache of contraband, including:

• 1 Kilogram and 580 grams of Ganja
• 1 Kilogram and 960 grams of Weed oil (Ganja oil)
• 154 filled boxes containing 1,188 grams of weed oil
• Digital weighing machines and various vessels used for processing

Commercial Quantity Threshold and Legal Implications

The primary reason for the rejection of the bail petition was the classification of the seized drugs as “commercial quantity” under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Under the Ministry of Finance Department of Revenue Notification S.O.1055(E), while the 1.58 kg of ganja falls under the “intermediate” category, the weed oil is treated far more severely. According to the Act, any amount of weed oil/ganja oil weighing more than 1 Kilogram is classified as a commercial quantity. In this case, the police recovered nearly 2 Kilograms of pure oil and an additional 1.18 kg in pre-packaged boxes.

The court noted that under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, offenses involving commercial quantities carry a mandatory minimum sentence of 10 years of rigorous imprisonment, which may extend to 20 years, along with a heavy fine.

Judicial Observation On Drug Peddling And Youth

In her detailed order, Judge B.S. Jayashree highlighted the societal impact of such offenses. The prosecution argued that the petitioners were actively involved in selling high-potency drugs like weed oil to the younger generation, which effectively ruins the careers and lives of students.

The court referred to recent landmark judgments from the Supreme Court of India, including State of Kerala vs. Mahesh, where the Apex Court cautioned lower courts against “mechanically granting bail in heinous offenses.” The judge noted that the seriousness of the charge and the potential impact on society must be considered before setting an accused free during the trial.

The petitioners’ counsel argued that they were innocent students undergoing internships and that no drugs were found on their person. However, the court dismissed these arguments, stating that the accused were in “conscious possession” of the drugs found in their shared residence. The judge observed that since the contraband was recovered from the flat where they resided, and they had guided the police to the location, there was a clear prima facie case against them.

The court concluded that the stringent parameters for bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, were not met, as there were no reasonable grounds to believe the petitioners were innocent. Consequently, the bail plea was rejected, and the accused remain in judicial custody.