The XXXIII Additional City Civil and Sessions Court and Special Court for NDPS cases in Bengaluru has granted bail to Kondati Sathya Sai Teja Ramakrishana Varaprasad, who was arrested in connection with a ganja trafficking case. The order, delivered by Special Judge Smt. B.S. Jayashree on August 26, 2022, emphasizes that the quantity of narcotics seized was below the commercial threshold, making the accused eligible for release under specific judicial conditions.

Details of the Excise Department Raid and Arrest

The case originated from an operation conducted by the Inspector of Excise, Banashankari Range, Bengaluru. According to the prosecution’s report, credible information was received on August 13, 2022, regarding individuals selling ganja on the 80 Feet Road in Kariyanapalya, Banashankari 6th Stage.

Acting on this information and after obtaining the necessary permissions from higher authorities, the excise team conducted a raid. During the operation, the petitioner, Kondati Sathya Sai Teja Ramakrishana Varaprasad, was apprehended. A search conducted by the officials led to the discovery and seizure of 6 kilograms and 660 grams of ganja. Following the seizure, a detailed mahazar was drawn at the spot, and a case was registered under Crime No. 23/2022 for offences punishable under Sections 20(b)(ii)(B) and 8(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Legal Arguments Presented for Bail

The petitioner, a 22-year-old resident of East Godavari, Andhra Pradesh, moved the court under Section 439 of the Cr.P.C. through his counsel. The defense argued that the petitioner was entirely innocent and had been falsely implicated in the crime at the instance of extraneous elements. They contended that he had no prior criminal antecedents and was the sole breadwinner for his family.

A significant part of the defense’s argument focused on the procedural aspects of the NDPS Act. They alleged that mandatory provisions under Sections 41, 42, 50, 52, and 47 of the Act were not complied with during the search and seizure. Furthermore, they pointed out that the quantity seized—6.660 kilograms—did not constitute a “commercial quantity” as defined by law.

The prosecution strongly opposed the bail plea, labeling the petitioner a habitual drug dealer. They argued that there was a prima facie case against him and expressed concerns that if released, the accused might abscond or hamper the ongoing investigation.

Judicial Reasoning: Intermediate Quantity and Precedents

In evaluating the petition, the court looked closely at the quantity of the seized drug. Under the Ministry of Finance Notification S.O.1055(E), for ganja, 1,000 grams (1 kg) is considered a small quantity, while 20 kilograms is the threshold for a commercial quantity.

The court observed that the 6.660 kilograms seized in this case falls into the “intermediate quantity” category. Judge B.S. Jayashree cited a landmark decision by the Supreme Court of India in the case of Birbal Prasad Vs. State of Bihar (2018), where it was held that for non-commercial quantities, bail should typically be considered if the accused is not involved in other cases.

The court noted that since the quantity was less than commercial, the strict rigors of Section 37 of the NDPS Act—which makes bail nearly impossible for large-scale traffickers—did not apply. The judge concluded that because the investigation was largely complete and the incriminatory articles were already seized, further custodial interrogation was unnecessary.

Terms and Conditions of the Bail

The court allowed the petition, ordering the release of Kondati Sathya Sai Teja Ramakrishana Varaprasad on a personal bond of Rs. 1,00,000 with two sureties of the same amount. To ensure the petitioner’s cooperation with the legal process, the court imposed several stringent conditions:

1. The petitioner must appear before the Investigating Officer once a month, specifically on the first Monday, until the charge sheet is filed.
2. He is prohibited from leaving the jurisdiction of the court without prior permission.
3. He must not tamper with witnesses or abscond from the legal proceedings.
4. He must fully cooperate with the investigating agency.
5. He must not commit any similar offences while out on bail.
6. He must furnish photo ID and local address proof for himself and his sureties.
7. He must attend all court hearing dates without fail.

The court warned that any breach of these conditions would entitle the prosecution to seek the cancellation of the bail. With this order, the court balanced the necessity of a thorough investigation with the individual’s right to liberty in cases involving non-commercial quantities of narcotics.