BENGALURU: The Special Court for NDPS cases that dismissed the bail petitions of actors Ragini Dwivedi, Sanjjanaa Galrani and another accused Rahul Thonshe, observed the material seized was of commercial quantity and there were chances of them circulating drugs in society if released on bail. On Monday, the court dismissed their bail petitions. In its order, the court mentioned that police have seized 12gm cocaine, 55gm ganja, 8 ecstasy tablets, 11.5gm ecstasy and 10gm MDMA from the accused. “The MDMA seized is of commercial quantity and punishable up to 20 years rigorous imprisonment and fine which may extend to Rs 2 lakh,” Judge G M Sheenappa observed.
The prosecution had argued that there were numerous chat messages exchanged between the petitioners and other accused peddlers cautioning each other, and prayed not to grant bail to the accused. “At this stage, the court cannot insist on the prosecution to prove its case beyond reasonable doubt. The prosecution is yet to record statements of witnesses, collect FSL certificate and only after filing chargesheet, the prosecution is capable of making substantial evidence in support of the charges against the petitioners,” the court said, adding that whether the petitioners are going to be convicted or acquitted is immaterial, at this stage.
The judge also said the court cannot believe that the statements in the complaint and mahazar are false, only based on the one-sided say of the petitioners. “So there is no confidence that after getting bail, petitioners will not continue the same profession. Therefore, if they are released on bail, chances of them circulating drugs in society leading to spoiling the lives of citizens... may not be ruled out,” Judge Sheenappa observed.
Ragini’s counsel contended that it was a false complaint and she had not made a statement before the complainant that she had consumed drugs. “Even for the sake of assumption if it is to be believed that she has taken the quantity of ecstasy pill, it is within the definition of small quantity,” the counsel argued.“The contention is not sustainable. When all the accused have committed the offences, the quantity seized from all the accused together is to be considered. Taking into consideration the entire quantity seized, it is commercial quantity,” the court observed.
The anticipatory bail pleas filed by two absconding accused, Shivaprakash and Vinay Kumar, were also dismissed by the court.Shivaprakash’s counsel contended that except the averments that he (Shivaprakash) and Ragini were friends and he had proposed and both attended various parties, there was no allegation against him. He argued that Shivaprakash had parted ways with her two years ago.