The Special Court for NDPS cases in Bengaluru has granted bail to 27-year-old Narayanaswamy, who was arrested by the Hennur police for allegedly possessing and attempting to sell ganja. 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 determining the liberty of an accused.
The petitioner, a resident of Kalkere, Horamavu Post, was apprehended in August 2022. He faced charges under Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act following a successful raid conducted by the patrolling unit of the Hennur Police Station.
Details of the Police Raid and Arrest
The case dates back to August 23, 2022. According to the police report, a PSI from the Hennur Police Station was on patrolling duty when he received credible information regarding illegal drug sales taking place behind the D.S. Max apartment complex in Banjara Layout, Horamavu. After obtaining the necessary permissions from his superiors, the officer formed a raiding party along with staff and independent witnesses (panchas).
At approximately 4:00 PM, the team arrived at the spot and observed a person carrying a suspicious bag. Upon being intercepted and questioned, the individual identified himself as Narayanaswamy. A search of the bag revealed a mixture of ganja leaves, seeds, flowers, and stems, along with 15 zip-lock plastic covers. The total weight of the seized contraband was recorded at 2 kilograms. Narayanaswamy was subsequently arrested and remanded to judicial custody.
Legal Arguments: Intermediate vs. Commercial Quantity
During the bail hearing, the counsel for the petitioner argued that Narayanaswamy was innocent and had been falsely implicated at the behest of extraneous elements. The defense contended that the mandatory search and seizure procedures prescribed under Sections 41, 42, and 50 of the NDPS Act were not strictly followed. Furthermore, it was highlighted that Narayanaswamy is the sole breadwinner for his family and has no prior criminal record.
The prosecution strongly opposed the bail plea, labeling the petitioner a habitual drug dealer. They argued that the seizure of 2 kilograms of ganja was a serious offense punishable by up to 10 years of rigorous imprisonment and that Narayanaswamy might abscond or tamper with witnesses if released.
The court’s decision rested heavily on the classification of the seized substance. Under the Ministry of Finance Notification, 1,000 grams (1 kg) is considered a “small quantity” of ganja, while 20 kilograms or more is classified as a “commercial quantity.” The 2 kilograms seized in this case falls squarely into the “intermediate quantity” category.
The Court’s Reasoning and Precedent
Judge B.S. Jayashree cited the Supreme Court’s ruling in Birbal Prasad Vs. State of Bihar (2018), which established that in cases involving non-commercial quantities where the accused has no previous criminal record, bail should be considered favorably pending trial.
The court observed that since the quantity was not commercial, the stringent rigors of Section 37 of the NDPS Act—which makes bail extremely difficult to obtain—do not apply. In intermediate quantity cases, the court follows regular bail principles unless the prosecution can point toward exceptional circumstances or a high risk of the accused fleeing.
The judge noted that the investigation was largely complete as the incriminatory articles had already been seized and the voluntary statement of the accused had been recorded. Consequently, continued custodial interrogation was deemed unnecessary.
Conditions for Release
Granting the petition under Section 439 of the Cr.P.C., the court ordered Narayanaswamy’s release upon the execution of a personal bond of Rs. 1,00,000 with two sureties of the like sum. To safeguard the interests of the prosecution, the following conditions were imposed:
- The petitioner must appear before the Investigating Officer once a month, specifically on the first Monday.
- He is prohibited from leaving the jurisdiction of the court without prior permission.
- He must not tamper with witnesses or commit any similar offenses while on bail.
- He must provide valid photo ID and local address proof for himself and his sureties.
- He must appear before the court on all hearing dates without fail.
The court warned that any breach of these conditions would result in the immediate cancellation of the bail. With this order, the petitioner returns home while the legal proceedings continue in the Special Court.