The Special NDPS Court in Bengaluru has granted bail to 29-year-old Neeraj Sadayi, who was arrested for the alleged possession of 1.4 kilograms of ganja. The order, delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, highlighted that the quantity involved was an “intermediate quantity,” making the stringent bail restrictions under Section 37 of the NDPS Act inapplicable.

The petitioner, Neeraj Sadayi, a resident of Madhubhani district in Bihar, had been in judicial custody following a raid by the Hebbal Range Excise Police. The prosecution alleged that on December 27, 2022, the Excise Inspector received credible information regarding a person attempting to sell contraband near St. Camilous Dispensary gate on Hennur Main Road. Upon reaching the spot and conducting a personal search, officials reportedly discovered 1.4 kilograms of ganja in a bag carried by the accused.

Legal Arguments and Procedural Compliance

During the hearing, the counsel for Neeraj Sadayi argued that the petitioner was innocent and had been falsely implicated in the case. The defense contended that the mandatory procedures for search and seizure contemplated under the Narcotic Drugs and Psychotropic Substances (NDPS) Act were not strictly followed. It was further argued that since the seized article was not a “commercial quantity,” the accused was entitled to bail under standard criminal procedure.

The Public Prosecutor strongly opposed the bail application, asserting that there was sufficient prima facie material against the petitioner. The state argued that the offense carries a significant term of rigorous imprisonment and expressed concerns that if released, the petitioner might tamper with witnesses or engage in similar illegal activities. The prosecution further emphasized the social impact of drug peddling, noting that selling drugs to the younger generation ruins lives and careers.

Judicial Analysis of Drug Quantities

In its detailed reasoning, the court examined the specific weight of the contraband seized. According to the Ministry of Finance Department of Revenue Notification, for ganja, 1,000 grams (1 kg) is classified as a “small quantity,” while 20 kilograms is the threshold for a “commercial quantity.” The court noted that the 1.4 kilograms seized from Sadayi falls squarely into the “intermediate quantity” category.

Judge B.S. Jayashree referenced the Supreme Court’s decision in Birbal Prasad vs. State of Bihar, which established that in cases involving non-commercial quantities where the accused has no other pending cases, bail should be considered. The court observed that for intermediate quantities, the “rigors of Section 37” of the NDPS Act—which require the court to have reasonable grounds to believe the accused is not guilty—do not apply. Instead, the court follows standard bail principles used in regular statutes.

Conclusion and Conditions of Release

The judge concluded that a major portion of the investigation had already been completed and that custodial interrogation was no longer warranted. The court noted that the petitioner has a permanent residence in Bihar and that the prosecution’s fears of him absconding could be mitigated by imposing strict conditions.

The court allowed the petition and ordered Neeraj Sadayi to be released on bail upon executing a personal bond of Rs. 1,00,000 with two sureties for the like sum. To ensure the integrity of the judicial process, the following conditions were imposed:

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 court’s jurisdiction without prior permission.
3. He must not tamper with witnesses or abscond from the legal process.
4. He must cooperate fully with the Investigating Officer for the remainder of the probe.
5. He is strictly prohibited from committing similar offenses while out on bail.
6. He must furnish photo identification and local address proof for himself and his sureties.
7. He must appear before the court on all scheduled hearing dates.

The court warned that any breach of these conditions would lead to the immediate cancellation of his bail. The ruling serves as a reminder of the judicial distinction between various scales of drug offenses and the application of standard liberty principles in non-commercial seizure cases.