BENGALURU – The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) has granted bail to 31-year-old Kiran Kumar N, who was arrested by the Yeshwanthapura Police for the alleged possession of ganja. The decision, delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge, hinged on the classification of the seized quantity as an “intermediate” rather than “commercial” amount.

Details of the Arrest and Investigation

The case against Kiran Kumar N, a resident of Adithya Nagar in M.S. Palya, began on the morning of June 1, 2022. According to the police report, a Sub-Inspector (PSI) from the Yeshwanthapura Police Station received credible information regarding a person selling ganja in a vacant area in Jayarama Colony.

Following a sanctioned raid involving police staff and independent witnesses (panchas), the suspect was apprehended at the spot. During a personal search, the investigating team recovered 1 kilogram and 590 grams of ganja. A detailed seizure mahazar (panchanama) was drawn at the scene, and a case was registered under Section 20(B) of the NDPS Act. The accused had been in judicial custody since the date of his arrest.

Legal Arguments for and Against Bail

Advocate Sri DR.G, appearing for Kiran Kumar N, argued that the petitioner was an innocent, law-abiding citizen and the sole breadwinner for his family. The defense contended that the police had “implanted” the drugs at the instance of extraneous elements and that mandatory procedural requirements under Section 50 of the NDPS Act—which governs the conditions of a personal search—had not been followed. The defense further argued that since the quantity was not “commercial,” the petitioner was entitled to the court’s discretion.

The Public Prosecutor strongly opposed the bail plea. The prosecution alleged that Kiran Kumar N was a habitual dealer and that the offence carried a potential punishment of up to 10 years of rigorous imprisonment. The state expressed concerns that the accused might abscond or hamper the ongoing investigation if released prematurely.

The Court’s Reasoning on Intermediate Quantity

In evaluating the petition, the court focused on the specific weight of the contraband seized. Under the Ministry of Finance Department of Revenue Notification, narcotic quantities are categorized into three tiers: small, intermediate, and commercial. For ganja, 1,000 grams (1 kg) is considered a small quantity, while 20 kilograms or more constitutes a commercial quantity.

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Judge B.S. Jayashree noted that the 1.590 kg seized in this case falls into the “intermediate” category. This distinction is critical because Section 37 of the NDPS Act, which makes obtaining bail extremely difficult by requiring a “reasonable belief” of innocence, primarily applies to commercial quantities.

The court cited the Supreme Court precedent set in Birbal Prasad Vs. State of Bihar, where it was held that in cases involving non-commercial quantities where the accused has no prior record, bail should generally be granted. The Judge observed that since the incriminatory material had already been seized and the voluntary statement of the accused recorded, further custodial interrogation was not warranted.

Conditions of Release

While allowing the bail petition, the court imposed several stringent conditions to ensure the accused remains available for trial and does not influence the investigation.

Kiran Kumar N has been ordered to be released on a personal bond of Rs. 1,00,000 with two sureties of the like sum. The additional conditions include:

• The petitioner must mark his attendance at the Yeshwanthapura Police Station once a month (on the first Monday) until the charge sheet is filed.
• He is prohibited from leaving the jurisdiction of the court without prior permission.
• He is strictly forbidden from tampering with witnesses or committing similar offences while on bail.
• He must furnish photo identification and proof of local address to the court.

The court emphasized that any breach of these conditions would lead to the immediate cancellation of the bail. The ruling underscores the judicial principle that while the NDPS Act is a stringent law, the severity of the pre-trial detention must align with the quantity of the substance involved in the specific crime.