The Karnataka High Court recently canceled bail granted to a Senegalese national who was arrested in connection with the Sandalwood drugs case last year.
Loom Pepper Samba was arrested by the Central Crime Branch (CCB) in September 2020 in the case registered at the Cottonpet police station and was listed as accused in the same. He was granted bail by a trial court in February 2021.
Canceling the bail granted to Samba, Justice MG Uma of the High Court said that it is also not in dispute that the provisions of the Foreigners Act are invoked against the present petitioner. Ongoing through the impugned order passed by the trial court, I do not find any discussions regarding any of these facts. On the other hand, the trial court proceeded to allow the petition only by referring to the decision rendered by the hon’ble apex court in Ragini Dwivedi.
The Court remanded the matter back to the trial court that in its petition seeking cancellation of bail granted to Samba, the State government contended that while granting bail, the trial court had not considered the fact that MDMA was seized in commercial quantity from his possession.
The trial court did not look into the issue of Section 37(1)(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act that was invoked against Samba, the State further contended.
It was also argued that Samba stayed in India after his passport expired and that the trial court has not looked into the fact that he has to be deported to his country of origin in this light.
Countering the State government, counsel appearing for Samba argued that only 10 grams of MDMA were seized from him, whereas commercial quantity as defined under the NDPS Act is more than 10 grams.
It was also argued that all the five foreigners named in the case had been given bail by the court without being ordered to be put up in a detention center.
The Court, after going through the rival submissions, opined that the facts in Ragini Dwivedi's case, in which the Supreme Court granted bail to the Kannada actress, would not be applicable in the present matter.
In view of the above, the Court set aside the bail granted to Samba and remanded the matter to the trial court for fresh consideration.
Advocate TV Gadigeppa appeared for the State, while Advocate KS Vishwanatha appeared for Samba.