The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to 32-year-old Nizamuddin, also known as Syed Nizam, following his arrest for the alleged possession of ganja. The order was delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, on October 19, 2023. The court noted that the quantity of the seized contraband fell under the “intermediate” category, which influenced the decision to allow the bail petition.

Nizamuddin, a resident of Arafath Nagara in Old Guddadahalli, was apprehended by the K.P. Agrahara Police earlier this month. The case, registered under Crime No. 175/2023, involved charges under Section 20(B) of the NDPS Act.

The Arrest and Seizure Details

According to the police report, the incident occurred on October 10, 2023. At approximately 4:15 p.m., the Police Inspector of K.P. Agrahara Police Station received credible information regarding a person selling narcotics on the footpath of Ambedkar Extension Park Road in Telecom Layout. After obtaining the necessary permissions from superiors, a raiding party visited the spot at 5:00 p.m.

The officers observed a man moving suspiciously and carrying a bag. Upon surrounding and apprehending him, the individual identified himself as Nizamuddin. A subsequent search of his bag revealed a quantity of ganja weighing 1 kg and 70 grams. The police conducted a detailed mahazar (spot inspection report), seized the incriminatory material, and placed the accused under arrest. He was later remanded to judicial custody.

Arguments Presented in Court

The counsel for the petitioner, Sri H.S. Muniswamy Gowda, argued that Nizamuddin is a law-abiding citizen who was falsely implicated in the case. The defense contended that the mandatory search and seizure procedures prescribed under the NDPS Act were not strictly followed by the investigating agency. Furthermore, it was highlighted that the quantity of ganja seized was not a “commercial quantity” and that the petitioner, being a permanent resident of Bengaluru, was not a flight risk.

The prosecution strongly opposed the bail plea, asserting that there was sufficient evidence linking the accused to the crime. The Public Prosecutor argued that the offense carries a potential sentence of up to 10 to 20 years of rigorous imprisonment and a heavy fine. The state expressed concern that if released, the petitioner might tamper with witnesses, commit similar offenses, or continue to peddle drugs to the younger generation, thereby ruining their careers.

The ‘Intermediate Quantity’ Factor

A pivotal aspect of the court’s reasoning involved the weight of the seized drugs. Under the Ministry of Finance notification regarding the NDPS Act, the classification for ganja is as follows: 1,000 grams (1 kg) is considered a “small quantity,” while 20 kilograms or more is classified as a “commercial quantity.”

The court observed that the 1 kg and 70 grams seized from Nizamuddin constitutes an “intermediate quantity.” Judge B.S. Jayashree cited the Supreme Court’s ruling in Birbal Prasad vs. State of Bihar (2018), which held that in cases involving non-commercial quantities where the accused is not involved in other cases, bail should generally be considered pending trial.

The court further clarified 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 such cases, the court follows regular bail principles unless the prosecution can prove exceptional circumstances.

Court Decision and Conditions for Bail

The judge noted that the investigation was concluded, the charge sheet had been filed, and further custodial interrogation was no longer required. Consequently, the court allowed the petition under Section 439 of the Cr.P.C.

Nizamuddin was ordered to be released on a personal bond of Rs. 1,00,000 with one surety for the like sum. The court imposed the following strict conditions to ensure the integrity of the ongoing legal process:

1. The petitioner must appear before the Investigating Officer once a month, specifically on the first Monday, until the filing of the charge sheet or further orders.
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 trial.
4. He must cooperate with the investigating agency for any further inquiries.
5. He must not commit any similar offenses while out on bail.
6. He must furnish valid photo ID proof for himself and his sureties.
7. He must appear before the court on every date of hearing.

The court warned that any breach of these conditions would lead to the immediate cancellation of the bail. With this order, the petitioner returns home while the case continues to be heard in the Special Court.