Student denied bail in drugs case; HC says it is crime against society

‘The petitioner came to Bengaluru for the purpose of getting his education but indulged in drug trafficking’  -HC

S Shyam Prasad | NT

Bengaluru: The High Court of Karnataka has denied bail to a student from Kerala who is in custody after being found with drugs along with another accused of selling it to students. The court said the offence is against the younger generation and society.

Rejecting the bail petition filed by 24-year-old Srijith S from Trivandrum, Kerala, the HC in its judgement said “the offence is against the younger generation as well as against the entire society. The younger generation is being targeted.

The petitioner came to this place for the purpose of getting his education but indulged in drug trafficking.” Srijith is accused number two in the case registered at the Madanayakanahalli police station. He was arrested on June 29, 2022, at Thamanahalli village near Acharya College subway.

The police visited the place after receiving information that two people were selling drugs to customers. Two people were arrested. The first accused had 50 grams of MDMA on him. From Srijith, police recovered two grams of MDMA and 19 grams of ganja. Later two more persons were arrested in the case and 10 grams of MDMA and one kilogram of ganja were recovered from them.

The Special Court dealing with the case rejected Srijith’s regular bail plea, after which he approached the HC. His advocate argued that accused number three and four were already granted bail, though they had 10 grams of MDMA and 1 kilogram of ganja with them.

He was a student, and if he was in custody, he would come into contact with hardcore criminals and therefore should be granted bail. The government advocate, however, argued that accused number one and Srijith were together selling the drugs and the combined quantity of MDMA with them was 52 grams which was a commercial quantity.

In his judgement on October 18, Justice Rajendra Badamikar said that “no doubt the petitioner was found in possession of only 2 grams of MDMA which is an intermediate quantity and 19 grams of ganja which is a small quantity. But the fact remains that he was found along with accused No.1 who was found in possession of 50 grams of MDMA which is a commercial quantity.”

Rejecting the petition, the HC said, “Looking at these facts and circumstances of the case and further, an offence is punishable with imprisonment, which may extend to 20 years along with a fine and considering the conduct of the petitioner, this is not a fit case wherein discretion can be exercised in favour of the present petitioner.”