The XXXIII Additional City Civil and Sessions Court in Bengaluru has granted bail to three individuals arrested for the alleged possession and sale of ganja. The court, presided over by Smt. B.S. Jayashree, allowed the bail applications of Ranu Debnath, Amith Heera, and Token Shaikh, noting that the quantity of the seized contraband did not reach the threshold of “commercial quantity” as defined under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The petitioners, all originally hailing from West Bengal and currently residing in and around Sarjapura, were in judicial custody following a raid conducted by the Varthur Police in November 2022.
Background of the Varthur Police Raid
The criminal proceedings began on November 16, 2022, following a report submitted by the Police Sub-Inspector of Varthur Police Station. According to the prosecution, the police received credible information at approximately 2:00 PM regarding three individuals attempting to sell narcotics to the public near Kodathi Gate on Sarjapura Main Road.
Upon receiving permission from senior officials, a police team, accompanied by independent witnesses (panchas), conducted a raid at the spot. The police apprehended the three suspects, identified as Ranu Debnath, Amith Heera, and Token Shaikh. During the search, the police reportedly found 6 kilograms of ganja in their possession. The contraband was seized under a mahazar, and the accused were subsequently arrested and remanded to judicial custody.
Legal Arguments for and Against Bail
Advocate Sri N.P., representing the petitioners, argued that his clients were innocent and had been falsely implicated by the police. The defense contended that the mandatory procedures outlined under Sections 41, 42, 50, and 52 of the NDPS Act—which govern search, seizure, and arrest protocols—were not strictly followed. Furthermore, the defense emphasized that the petitioners were the sole breadwinners for their respective families and had no prior criminal record.
The prosecution, through the Public Prosecutor, strongly opposed the bail plea. The state argued that 6 kilograms of ganja is a significant amount and that the accused were caught red-handed in possession of the narcotic substance. The prosecution expressed concerns that if released, the accused, who are primarily from West Bengal, might abscond and hamper the ongoing investigation.
Understanding Quantity Classifications Under the NDPS Act
One of the central points in the court’s decision was the classification of the seized ganja. Under the NDPS Act, the severity of the punishment and the difficulty of obtaining bail depend heavily on whether the seized quantity is categorized as “small,” “intermediate,” or “commercial.”
As per the Ministry of Finance Notification S.O.1055(E), for ganja (cannabis):
- Small Quantity: Up to 1,000 grams (1 kg)
- Commercial Quantity: 20 kilograms or more
In this specific case, the court noted that the 6 kilograms of ganja seized falls into the “intermediate quantity” category. This distinction is legally significant because the rigorous restrictions on bail under Section 37 of the NDPS Act primarily apply to cases involving commercial quantities.
The Court’s Reasoning and Precedents
Judge B.S. Jayashree relied on the precedent set by the Hon’ble Supreme Court in the case of Birbal Prasad Vs. State of Bihar, where it was held that in cases involving non-commercial quantities where the accused has no prior record, bail should generally be considered.
The court observed that since the quantity was intermediate, the “rigors of Section 37” did not apply. Furthermore, the court noted that the incriminatory articles had already been seized, the voluntary statements of the accused were recorded, and major portions of the investigation were concluded. Therefore, continued custodial interrogation was deemed unnecessary.
Conditions of the Bail Order
While granting the bail, the court imposed several stringent conditions to ensure that the accused do not flee from justice or interfere with the legal process. Each petitioner is required to execute a personal bond of Rs. 1,00,000 with two sureties for the like sum.
The additional conditions include:
- The petitioners must mark their attendance before the Investigating Officer once a month (on the first Monday) until the charge sheet is filed.
- They shall not leave the jurisdiction of the court without prior permission.
- They must not tamper with prosecution witnesses or commit similar offences while on bail.
- They must provide photo ID proof and local address proof for themselves and their sureties.
- They must appear before the court on all hearing dates.
The court warned that any breach of these conditions would entitle the prosecution to seek the immediate cancellation of their bail. With this order, the three accused are set to be released from judicial custody as the trial proceedings continue.