The XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases in Bengaluru has granted bail to Rakesh Pegu, a 25-year-old native of Assam, who was arrested for the alleged possession of Ganja at a city railway station. The court’s decision, delivered by Judge Smt. B.S. Jayashree on January 13, 2023, hinged on the fact that the quantity of the seized narcotic fell into the “intermediate” category rather than the more severe “commercial” category under the law.

Incident at Sir M. Visweshwaraiah Railway Station

The criminal proceedings against Rakesh Pegu (Accused) began on February 27, 2022, following a proactive operation by the Byappanahalli Railway Police. According to the prosecution, a Sub-Inspector (PSI) and his staff were patrolling Platform No. 3 of the Sir M. Visweshwaraiah Railway Station at approximately 2:30 PM.

During their rounds, the police noticed a young man sitting on a stone bench clutching a black bag. Upon spotting the uniformed officers, the individual allegedly appeared panicked and attempted to flee the platform, leaving his bag behind. After a short chase, the police apprehended the man, who identified himself as Rakesh Pegu, hailing from the Golaghat District in Assam.

A subsequent search of the abandoned bag revealed a substance later confirmed to be Ganja. When weighed at the spot, the contraband totaled 1 kilogram and 450 grams. Following the seizure and the drafting of a detailed mahazar, the Railway Police registered a case under Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Legal Arguments for Bail

The counsel representing Rakesh Pegu moved the court under Section 439 of the Cr.P.C., arguing that the petitioner was innocent and had been falsely implicated by the police. The defense contended that the mandatory procedural requirements stipulated under Sections 41, 42, 50, and 52 of the NDPS Act—which govern the search, seizure, and arrest protocols—were not strictly followed.

Furthermore, the defense highlighted that the seized quantity was relatively small and did not meet the “commercial quantity” threshold. They argued that since Pegu had no prior criminal record and was a permanent resident of the address provided, he should be allowed to return home pending trial. They assured the court that the petitioner was willing to abide by any stringent conditions and provide necessary sureties.

Prosecution Opposes Release Citing Social Impact

The Public Prosecutor strongly opposed the bail application, characterizing the offense as “heinous.” The state argued that the 1.450 kilograms of Ganja, while not a commercial quantity, was still an “intermediate quantity” that could have been used to target the younger generation and ruin their careers.

The prosecution expressed concerns that if released, the petitioner might return to Assam and abscond from the trial or attempt to tamper with the prosecution witnesses. They maintained that the incriminatory articles were seized directly from his possession, establishing a prima facie case that warranted continued judicial custody.

Judicial Reasoning: The Rule of Intermediate Quantity

In evaluating the rival contentions, Judge B.S. Jayashree examined the legal classification of the drug. Under the Ministry of Finance Notification S.O.1055(E), the thresholds for Ganja are defined as:

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

The court noted that the 1.450 kilograms seized from Pegu was an “intermediate quantity.” This distinction is legally significant because the rigorous restrictions on bail under Section 37 of the NDPS Act—which apply to commercial quantities—are not applicable to intermediate hauls.

The court cited the Supreme Court decision in Birbal Prasad vs. State of Bihar, noting that for non-commercial quantities where the accused has no prior record, bail is generally granted unless exceptional circumstances exist. The judge observed that the investigation was largely concluded and that the offense was not punishable by death or life imprisonment.

Terms and Conditions of the Bail Order

The court allowed the petition and ordered the release of Rakesh Pegu on a personal bond of Rs. 1,00,000 with two sureties of a similar amount. To ensure his presence during future proceedings and prevent any potential misuse of liberty, the court imposed the following conditions:

1. The petitioner must report to the Investigating Officer once a month (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 witnesses or abscond from justice.
4. He must cooperate fully with the investigation.
5. He is forbidden from committing similar offenses while out on bail.
6. He must furnish valid photo identity and local address proof for himself and his sureties.
7. He must attend all scheduled court hearing dates.

The judge warned that any breach of these conditions would lead to the immediate cancellation of the bail. With this order, the court balanced the statutory requirements of the NDPS Act with the constitutional right to liberty for an individual accused of possessing a non-commercial quantity of narcotics.