The Special Court for NDPS cases in Bengaluru has granted bail to Kante Remon, a 30-year-old national from Guinea, West Africa, following his arrest for alleged drug peddling in the Indiranagar area. The order, delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, underscores the legal distinction between intermediate and commercial quantities of narcotics when considering the liberty of an accused.

The petitioner, who was residing in J.P. Nagar, was arrested in June 2022 after a police raid at a playground in Indiranagar Defence Colony. The prosecution had charged him under Sections 8(c) and 22(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, along with Section 14 of the Foreigners Act.

Details of the Indiranagar Raid and Arrest

The case began on June 12, 2022, when the Police Sub-Inspector of Indiranagar Police Station received credible information regarding a foreign national selling prohibited substances. According to the police report, the informant led the team to a playground on 6th Main Road, Defence Colony, where Remon was seen showing white powder to another individual, identified as Karthik.

While Karthik managed to escape the scene, the police apprehended Remon. During a personal search, the investigating agency allegedly recovered 7 grams of MDMA and 4 grams of Cocaine. Additionally, the police seized a motorcycle, mobile phones, and Rs. 1,000 in cash. Remon was subsequently produced before the court and remanded to judicial custody.

Arguments for and Against Bail

The legal counsel for the petitioner argued that Remon was innocent and had been falsely implicated by the police. A central point of the defense was that the quantity of drugs seized did not constitute a “commercial quantity” under the NDPS Act. They maintained that the strict restrictions on bail usually associated with high-stakes drug cases—specifically under Section 37 of the NDPS Act—did not apply in this instance.

The prosecution strongly opposed the plea, labeling the petitioner as a “habitual drug dealer.” They argued that the offenses carried a potential sentence of up to 10 years and that releasing the petitioner could lead to him absconding or continuing the trade of illicit drugs.

The Threshold of Intermediate Quantities

In its deliberation, the Court closely examined the weights of the seized substances in relation to the central government’s drug quantity notifications.

For MDMA, the commercial quantity threshold is set at 10 grams. In this case, the 7 grams seized fell into the “intermediate” category. Similarly, for Cocaine, the commercial quantity is defined as 100 grams, making the 4 grams seized in this case also an “intermediate” quantity.

Judge B.S. Jayashree cited the Supreme Court decision in Birbal Prasad vs. State of Bihar, which noted that when a quantity is non-commercial and the accused has no prior criminal record, the court should lean toward granting bail. The court observed that since the quantity was not commercial, the rigorous requirements of Section 37 of the NDPS Act were not triggered.

Court Observation and Final Decision

The court noted that the major portion of the investigation was complete as the contraband had already been seized. It further observed that the petitioner had no previous criminal history in the country and that his custodial interrogation was no longer necessary. To address the prosecution’s fears regarding the petitioner fleeing the country, the court decided to impose stringent conditions rather than deny liberty.

The petition was allowed, and Remon was ordered to be released on a personal bond of Rs. 1,00,000 with two sureties. The bail is subject to the following conditions:

The petitioner must appear before the Investigating Officer on the first Monday of every month. He is prohibited from leaving the court’s jurisdiction without prior permission. He must surrender his passport to the court to prevent international travel. He must not commit any similar offenses or tamper with prosecution witnesses.

The court warned that any breach of these conditions would lead to the immediate cancellation of the bail. This ruling highlights the judicial focus on specific quantity metrics under the NDPS Act, which significantly impact the eligibility for bail during the trial process.