BENGALURU, INDIA — In a significant development, the XXXIV Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, has granted regular bail to a 32-year-old man, Ananth Kumar, accused in a case involving the seizure of 9.350 kilograms of Ganja. The order, delivered on September 11, 2023, by Sri. G. Raghavendra, has allowed the petitioner, identified as Accused No. 1, to be enlarged on bail subject to stringent conditions, including the execution of a personal bond of ₹50,000.
The case, registered as Crl.Misc. No. 8399/2023, stems from Crime No. 59/2023 filed by the Bengaluru City Railway Police Station for an offense punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
Background of the Case
According to the documents presented before the court, the incident occurred on August 18, 2023. Sri. M.D. Purushotham, PSI (Crimes), of the City Railway Police Station, received information from an Assistant Sub Inspector of Police, Sri. Vijaykumar, who was part of the NDPS Detection Squad. Sri. Vijaykumar reported observing a person, later identified as the petitioner, Ananth Kumar, alighting from the Prashanti Express Train at the Bengaluru City Railway Station and acting suspiciously while sitting on a stone bench with a trolley bag near the general coach.
Upon enquiry, the accused allegedly confessed to carrying Ganja in the bag. Following standard procedure, the PSI informed his superiors, called for panchas (witnesses), and proceeded to the location with staff and necessary materials. After informing the accused of his right to have the seizure conducted by a Gazetted Officer and obtaining his consent to proceed, the PSI conducted the search.
The search resulted in the recovery and seizure of two bundles of Ganja from the trolley bag, weighing 4.150 kgs and 5.200 kgs, respectively, totaling 9.350 kgs. The seizure mahazar was drawn up between 12:30 p.m. and 2:30 p.m. Subsequently, the accused was brought to the police station, and a formal complaint was lodged, leading to the registration of the First Information Report (FIR) against Ananth Kumar.
The Quantity of Contraband and the NDPS Threshold
A crucial point in the court’s consideration was the quantity of the seized Ganja relative to the statutory thresholds defined under the NDPS Act. The court noted that, as per the Central Government’s notification, 1,000 grams (1 kg) of Ganja is specified as a “small quantity,” and 20 kgs is designated as a “commercial quantity.”
The recovered amount of 9.350 kgs falls in between the small and commercial quantity. The offence under Section 20(b)(ii)(B) of the NDPS Act, under which the accused was charged, carries a punishment of rigorous imprisonment for a term which may extend to ten years. Importantly, the court highlighted that this specific offence is not punishable with death or imprisonment for life.
Navigating Section 37 of the NDPS Act
The State, represented by the Public Prosecutor, filed an objection to the bail plea, fearing the accused might commit similar offences, tamper with evidence, or abscond.
However, the bail plea hinged on the interpretation of Section 37 of the NDPS Act, which imposes stringent conditions for bail only in cases involving:
- Section 19, 24, or 27A offences.
- Offences involving a commercial quantity of the contraband.
Since the recovered quantity of Ganja (9.350 kgs) was below the commercial quantity threshold of 20 kgs, the rigorous double-test stipulated in Section 37(1)(b) — where the court must be satisfied that there are reasonable grounds for believing the accused is not guilty and is not likely to commit any offence while on bail — was deemed not directly applicable.
Instead, the court determined that the bail application should be assessed under the general provisions of the Code of Criminal Procedure, 1973 (Cr.P.C.), specifically Section 439, in conjunction with Section 437(1)(ii) and Section 437(3) of the Cr.P.C.
Court’s Finding and Conclusion
The court, after examining the documents and hearing submissions, concluded that the petitioner had “satisfie[d] that there are reasonable grounds for believing that he is not guilty of the alleged offence.” It was noted that the prosecution did not object to the bail application based on the accused being involved in similar or other cases. The court found that the prosecution’s objections could be sufficiently addressed by imposing appropriate conditions as per Section 437(3) of the Cr.P.C.
Accordingly, the court allowed the criminal miscellaneous petition. The petitioner, Ananth Kumar, S/o Govindaraju, was ordered to be released on regular bail.
Bail Conditions Imposed
The court imposed the following mandatory conditions on the petitioner:
- The petitioner shall execute a personal bond of ₹50,000 along with one surety for the like sum.
- He shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
- He shall cooperate with the Investigation Officer (I.O) for investigation.
- He shall produce his Aadhaar Card.
- He shall regularly appear before the court.
- He shall not commit any offences similar to the offences of which he is accused or any other offences.
The court explicitly warned that the breach of any of these conditions would entail the cancellation of his bail. This case highlights the legal distinction between intermediate and commercial quantities of contraband and the resulting applicability of the stringent bail provisions under the NDPS Act.
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