The XXXIII Additional City Civil and Sessions Court in Bengaluru has granted regular bail to 46-year-old Pritam Mukhiya, who was arrested in connection with a narcotics case registered by the Channarayapatna Police. The court, presided over by Special Judge Smt. B.S. Jayashree, observed that the quantity of Ganja seized from the accused fell under the “intermediate” category, which influenced the decision to allow the bail petition.

Details of the Channarayapatna Police Raid

The case, registered as Crime No. 72/2022, stems from a police operation conducted on August 10, 2022. According to the prosecution, the Circle Inspector of Vijayapura received credible information regarding the illicit sale of contraband on Mandur Road near Hittarahalli Gate in Boodigere.

Upon receiving permission from higher officers, a police team mounted surveillance at the spot and intercepted three individuals acting suspiciously. The police alleged that upon inquiry, the suspects admitted to being in possession of narcotics. A search led to the recovery of 67 small plastic packets containing Ganja. The total weight of the seized drugs, which included Ganja leaves, flowers, and seeds, was recorded as 3 kilograms and 350 grams. Pritam Mukhiya was identified as Accused No. 1 in this matter.

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Arguments for the Petitioner and Prosecution

Representing Pritam Mukhiya, Advocate Babajan argued that his client was a complete stranger to the alleged crime and had been falsely implicated by the investigating agency. The defense contended that the story of apprehension and seizure was fabricated and that Mukhiya had never possessed Ganja. It was further argued that since the offense was not punishable by death or life imprisonment and the petitioner had no prior criminal record, he should be released to support his family as their sole breadwinner.

The Public Prosecutor strongly opposed the bail plea, characterizing Mukhiya as a habitual drug dealer. The state argued that the accused hail from different states and posed a significant flight risk. The prosecution further noted that Accused No. 3, a resident of West Bengal, had allegedly purchased the Ganja from a supplier in Lakkandar village, and investigators needed the accused in custody to trace the supply chain and further investigate the storage of drugs at Mukhiya’s residence.

Legal Analysis of Narcotic Quantities

The central point of the court’s deliberation involved the classification of the seized substance under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. As per the Ministry of Finance Notification S.O.1055(E), for Ganja:

• Small Quantity: Up to 1,000 grams (1 kg)
• Commercial Quantity: 20 kilograms or more

In this instance, the seizure of 3.350 kilograms of Ganja was categorized as an intermediate quantity. Judge B.S. Jayashree cited the Supreme Court of India’s ruling in Birbal Prasad Vs. State of Bihar (2018), which established that when the quantity involved is non-commercial, the court should lean toward granting bail unless exceptional circumstances are proven.

The court noted that when the quantity is less than commercial, the stringent rigors of Section 37 of the NDPS Act—which make bail extremely difficult to obtain—do not strictly apply. Instead, the factors for bail become similar to those under regular criminal statutes.

Court’s Findings and Bail Conditions

The court observed that Pritam Mukhiya had been in judicial custody since August 11, 2022, and that the major portion of the investigation was already concluded. Since the incriminating material had already been seized and the voluntary statement of the accused was recorded, the court found that further custodial interrogation was not warranted.

To address the prosecution’s concerns regarding the accused absconding, the court decided to impose stringent conditions. The petition under Section 439 of the Cr.P.C. was allowed, and Pritam Mukhiya was ordered to be released on a personal bond of Rs. 1,00,000 with two sureties of the like sum.

The following conditions were imposed by the court:

1. The petitioner must mark his attendance before the Investigating Officer once a month, preferably 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 prosecution witnesses or attempt to abscond.
4. He must cooperate fully with the Investigating Officer for the remainder of the investigation.
5. He must not commit any similar offenses or any other crime while out on bail.
6. He must furnish valid photo identity and local address proof for himself and his sureties.
7. He must appear before the court on all hearing dates without fail.

The court warned that any breach of these conditions would lead to the immediate cancellation of the bail. The order ensures that while the accused is allowed his liberty, the legal process and investigation remain protected.