A Special NDPS Court in Bengaluru has granted bail to Kishan Das, a 45-year-old resident of Jodhpur, Rajasthan, who was arrested by the Sampangiramanagara Police for allegedly possessing and selling opium. The court, presided over by Smt. B.S. Jayashree, XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, observed that the quantity of contraband seized was below the commercial threshold, making the stringent restrictions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act inapplicable.

The case against Kishan Das, designated as Accused No. 1, was initiated following a suo motu complaint by the police. According to the prosecution, on November 3, 2022, a Head Constable on patrolling duty received credible information regarding a person selling prohibited opium near Woodlands Hotel on RRMR Road. The police alleged that the accused was found standing beside a TVS Jupiter vehicle, soliciting customers by claiming he had high-quality opium for sale at cheap rates.

Following a coordinated raid, the police apprehended the suspect and allegedly recovered 2050 grams of opium from a bag in his possession. The accused was subsequently arrested and remanded to judicial custody, with a case registered under Sections 17 and 21 of the NDPS Act at the Sampangiramanagara Police Station.

The Significance of Intermediate Quantity

In the bail proceedings, the petitioner’s counsel, Sri N. Suresha, argued that Kishan Das was falsely implicated and that the police had not complied with the mandatory procedural requirements under Sections 41, 42, 50, and 52 of the NDPS Act. The defense further emphasized that the accused was the sole breadwinner of his family and had no prior criminal record.

The prosecution vehemently opposed the bail plea, emphasizing the gravity of the offence. They argued that 2050 grams of opium is a significant amount and that the petitioner, whom they characterized as a habitual drug dealer, posed a flight risk.

However, the court’s decision hinged on the specific classification of the drug quantity. Under the Ministry of Finance Notification S.O.1055(E), the threshold for “small quantity” for opium is 25 grams, while “commercial quantity” begins at 2.5 kilograms. The court noted that the 2050 grams seized from Kishan Das fell squarely into the “intermediate quantity” category.

The court relied on the precedent set by the Hon’ble Apex Court in the case of Birbal Prasad Vs. State of Bihar, which held that when the quantity involved is non-commercial and the accused has no other pending cases, bail should generally be considered pending trial. Judge B.S. Jayashree noted that since the quantity was less than commercial, the rigorous requirements of Section 37 of the NDPS Act—which place a heavy burden on the accused to prove their innocence even at the bail stage—did not apply.

Court Observations and Conditions of Bail

The judge observed that the major portion of the investigation was concluded since the incriminatory articles had already been seized. The court also noted that the petitioner’s voluntary statement had been recorded and custodial interrogation was no longer warranted. To address the prosecution’s concerns regarding the risk of the accused absconding, the court decided to impose stringent conditions rather than deny liberty.

The court ordered the release of Kishan Das on a personal bond of 1,00,000 Rupees with two sureties of the like sum. The bail is subject to several conditions: the petitioner must appear before the Investigating Officer once a month until the charge sheet is filed; he is prohibited from leaving the jurisdiction of the court without permission; he must not tamper with witnesses or commit any similar offences; and he must furnish proof of local address and photo identification.

The court concluded by stating that any breach of these conditions would entitle the prosecution to seek cancellation of the bail. With this order, the petitioner is expected to be released from judicial custody pending the conclusion of the trial.