The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to 32-year-old Okonkwo Benjamin Chukwudi, who was arrested in connection with a drug peddling case. The court, presided over by Special Judge Smt. B.S. Jayashree, ruled that since the quantity of the drug seized from the accused was not a “commercial quantity,” the stringent restrictions on bail typically found in the NDPS Act do not strictly apply.
The petitioner, identified as Accused No. 5 in Crime No. 253/2022 registered by the Amruthahalli Police, had been in judicial custody following his arrest in late October. He was booked under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, a provision that deals with the possession and sale of psychotropic substances in quantities greater than small but less than commercial.
The Genesis of the Case and Police Raid
The legal proceedings began following a report submitted by the Assistant Sub-Inspector (ASI) of Amruthahalli Police Station. On October 20, 2022, the police received a tip-off through the Assistant Commissioner of Police (ACP) regarding illegal drug activity near Lumbini Garden on the Service Road.
A police team conducted a raid at the spot and intercepted two individuals (Accused Nos. 1 and 2) who were found in possession of 3 grams of cocaine and 15 ecstasy pills. During the subsequent interrogation, Accused No. 1 revealed a chain of supply that eventually led the police to the petitioner, Okonkwo Benjamin Chukwudi, also known by aliases Benjamin, Gerald, and Bob.
According to the prosecution, the petitioner was arrested on October 30, 2022. Following his voluntary statement, he allegedly led the investigating team to his residence in Sai Green Woods Layout, Singanayakanahalli. There, the police reportedly recovered 4 grams of cocaine and a weighing machine.
Defense Challenges Procedures and Seizure Quantity
Represented by advocate Nishit Kumar Shetty, the petitioner argued that he was an innocent person falsely implicated by the police. The defense heavily emphasized that the mandatory procedures for search and seizure contemplated under Sections 41, 42, 50, and 52 of the NDPS Act were not followed by the raiding officers.
A central point of the defense argument was the weight of the seized substance. The defense contended that 4 grams of cocaine does not constitute a “commercial quantity.” Therefore, the accused should be entitled to bail under regular criminal procedure principles rather than the prohibitive standards of Section 37 of the NDPS Act, which makes bail nearly impossible for large-scale traffickers.
Court Analyzes Small vs Commercial Quantity
In its reasoning, the court examined the specific thresholds established by the Ministry of Finance. For Cocaine, the law specifies that 2 grams is considered a “small quantity,” while 100 grams is required to reach the “commercial quantity” threshold.
Judge B.S. Jayashree noted that the 4 grams of cocaine seized from the petitioner falls into the “intermediate quantity” category. The court cited the Supreme Court decision in Birbal Prasad Vs. State of Bihar, noting that when an accused is found with a non-commercial quantity and does not have a history of other criminal involvement, the court should lean toward granting liberty pending trial.
The judge observed that “When the quantity is less than commercial quantity, rigors of Sec. 37 of the NDPS Act will not attract, and factors become similar to bail petitions under regular statutes.” Furthermore, the court found that since the incriminating articles had already been seized and the major part of the investigation was concluded, there was no immediate need for continued custodial interrogation.
Strict Conditions for Release
While the court allowed the bail petition, it imposed several strict conditions to ensure that the petitioner remains available for trial and does not engage in further illegal activity. Okonkwo Benjamin Chukwudi was ordered to be released on a personal bond of Rs. 1,00,000 with two sureties of the same amount.
The conditions imposed by the court include:
- Attendance: The petitioner must mark his attendance at the Amruthahalli Police Station once a month until the charge sheet is filed.
- Travel Restrictions: He is prohibited from leaving the jurisdiction of the court without prior permission and must surrender his passport to the court.
- Conduct: He must not tamper with witnesses, abscond, or commit any similar offences while on bail.
- Identification: He must furnish valid photo ID and local address proof for himself and his sureties.
The court warned that any breach of these conditions would lead to the immediate cancellation of his bail. The ruling underscores the judicial trend of differentiating between individual possession cases involving intermediate quantities and organized commercial drug trafficking.