Karnataka HC cancels bail of Senegalese national arrested in Sandalwood drugs case

The high court has cancelled the bail of an African arrested in the Sandalwood drugs case last year and remanded the matter back to the trial court for fresh hearing.

Loom Pepper Samba, a Senegalese national, was arrested by the Central Crime Branch (CCB) in September 2020 in the drugs case registered at the Cottonpet police station, and listed as accused number seven. But he managed to get bail from the trial court in February this year.

The prosecution appealed to the high court seeking the quashing of the bail. It argued that the trial court did not consider two crucial facts while giving Samba bail: banned substance MDMA was seized in commercial quantity from his possession and he had stayed in India after his passport expired.

Countering the prosecution, the defence counsel contended that only 10 grams of MDMA was seized from his client whereas commercial quantity as defined under the Narcotic Drugs and Psychotropic Substances (NDPS) Act is more than 10 grams. He also argued that all the five foreigners listed named in the case had been given bail by the court without being ordered to be put up in a detention centre.

Justice M G Uma noted that the decision in the bail petition of Kannada actress Ragini Dwivedi does not apply to the facts of this case. “It is also not in dispute that the provisions of the Foreigners Act are invoked against the present petitioner. On going 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 (supra),” the court said and remanded the matter back to the trial court.

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