The Special NDPS Court in Bengaluru has granted bail to two Kerala natives, Ranjith N.T. and Prasal K.K., who were arrested by the K.R. Puram Excise Police for allegedly transporting 3.150 kilograms of ganja. The order, delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, emphasized that the quantity involved was an “intermediate quantity,” making the stringent bail restrictions under Section 37 of the NDPS Act inapplicable in this instance.

The petitioners, 28-year-old Ranjith N.T. from Thiruvalla and 23-year-old Prasal K.K. from Alappuzha, had been in judicial custody since their arrest on August 7, 2022. The Excise Police had registered a case under Crime No. 8/2022 for offenses punishable under Sections 20(b), 20(b)(ii)(b), 25, and 8(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The Alleged Patrol and Seizure

According to the prosecution’s report, the incident occurred on the night of August 7, 2022. Around 10:30 PM, an Excise Inspector from the K.R. Puram Range was on patrolling duty near Avalahalli village. The officer received credible information regarding the transportation of narcotics on a blue CBZ two-wheeler bearing a Uttarakhand registration number (UA 07 E 8837).

Acting on this tip, the excise team mounted surveillance at the Hosakote Katamnallur cross. When the suspected vehicle arrived with two persons, the officers apprehended them. A subsequent search of a plastic cover in their possession reportedly revealed 3.150 kilograms of ganja. A detailed seizure panchanama was drawn up at the spot, leading to the arrest of the two men.

Legal Arguments and Classification of Contraband

During the bail hearing, the counsel representing Ranjith and Prasal argued that the duo had been falsely implicated and that the police had concocted voluntary statements to suit their narrative. The defense contended that the mandatory procedural requirements under Sections 42, 50, and 57 of the NDPS Act—which govern search, seizure, and arrest protocols—were not followed by the investigating agency.

A significant portion of the legal debate centered on the classification of the seized drug. Under the NDPS Act and the Ministry of Finance notification S.O.1055(E), narcotic quantities are categorized to determine the severity of the offense and the difficulty of obtaining bail.

For Ganja:

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

The court noted that the 3.150 kilograms seized in this case clearly falls into the “intermediate quantity” category. Unlike cases involving commercial quantities, where Section 37 of the NDPS Act requires the court to be satisfied that there are reasonable grounds to believe the accused is not guilty, intermediate quantity cases allow for more judicial discretion similar to standard bail applications under the Code of Criminal Procedure.

Judicial Reasoning and Precedents

In her findings, Judge B.S. Jayashree observed that the petitioners did not have any previous criminal antecedents and were not habitual offenders. The court further noted that since the incriminatory articles had already been seized and the major portion of the investigation was concluded, further custodial interrogation was not required.

The judge remarked that the offenses alleged are not punishable by death or life imprisonment. While the prosecution expressed fears that the accused might abscond since they are residents of Kerala, the court held that such apprehensions could be mitigated by imposing strict conditions on their release.

Final Order and Release Conditions

The court allowed the bail petition under Section 439 of the Cr.P.C., ordering the release of Ranjith N.T. and Prasal K.K. upon the execution of a personal bond of Rs. 1,00,000 each, along with two sureties for the like sum.

To ensure the integrity of the ongoing legal process, the court imposed the following conditions:

1. The petitioners must mark their attendance before the Investigating Officer once a month (preferably on the first Monday) until the charge sheet is filed.
2. They are prohibited from leaving the jurisdiction of the court without prior permission.
3. They shall not tamper with prosecution witnesses or abscond from the law.
4. They must fully cooperate with the investigating agency.
5. They are strictly prohibited from committing similar offenses while out on bail.
6. They must furnish photo ID proof and local address proof for themselves and their sureties.
7. They must appear before the court on every scheduled hearing date.

The court warned that any breach of these conditions would lead to the immediate cancellation of their bail. This ruling underscores the judicial distinction between various scales of drug offenses and the standard of liberty applied to non-commercial quantities under the NDPS Act.