The Special Court for Narcotic Drugs and Psychotropic Substances in Bengaluru has granted bail to a Sudanese national, Salman Ahmad Kowa Toto, who was arrested for allegedly possessing ganja. The order was passed by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, on July 27, 2022. The court observed that the quantity of the seized contraband fell under the “intermediate” category, making the stringent bail restrictions of the Narcotic Drugs and Psychotropic Substances Act, 1985, less applicable.
Salman Ahmad Kowa Toto, a 36-year-old resident of H.B.R. Layout, Bengaluru, and a native of South Kordofan State in Sudan, was arrested by the Sanjay Nagar Police. The case was registered under Crime Number 120/2022 for offences punishable under Section 8(c) and Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Section 8(c) prohibits the production, manufacture, possession, sale, purchase, transport, warehouse, use, consumption, import, and export of narcotic drugs and psychotropic substances, while Section 20(B) provides the punishment for contravention in relation to the cannabis plant and cannabis.
The Prosecution Case and the Police Raid
The legal proceedings began following a report submitted by the Police Sub-Inspector of Sanjay Nagar Police Station. According to the report, on June 5, 2022, the police received credible information regarding a foreign national selling ganja near Brindavan College in Bhoopasandra. After obtaining the necessary permissions from higher officers to conduct a raid, the police team arrived at the spot and apprehended the suspect.
During a personal search of the accused, the police allegedly recovered 4 kilograms and 30 grams of ganja. A detailed seizure panchanama (legal record of seizure) was drawn at the spot, and the accused was subsequently produced before a jurisdictional Magistrate and remanded to judicial custody.
Arguments for Liberty and Legal Compliance
The petitioner’s counsel argued that Salman Ahmad was an innocent individual who had been falsely implicated. The defense contended that the mandatory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, specifically Section 50, which details the conditions under which a personal search of a person shall be conducted, were not complied with. They further argued that there were no independent eye witnesses to verify the alleged sale of the contraband.
Crucially, the defense emphasized that the quantity seized—just over 4 kilograms—was far below the “commercial quantity” threshold. They argued that the petitioner, being the sole breadwinner of his family and having no prior criminal record, deserved to be released on bail pending trial.
The Court’s Analysis of Intermediate Quantity
The court focused its reasoning on the classification of the seized substance. According to the Ministry of Finance Notification S.O.1055(E), for ganja, 1000 grams is considered a “small quantity” and 20 kilograms is considered a “commercial quantity.” The 4 kilograms and 30 grams seized in this case was classified as an “intermediate quantity.”
Judge B.S. Jayashree noted that when the quantity involved is less than commercial, the rigorous “double conditions” for bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, do not strictly apply. Section 37 generally requires the court to be satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail. However, for intermediate quantities, the court can apply standard bail principles.
Citing the Supreme Court precedent in Birbal Prasad vs. State of Bihar (2018), where bail was granted for the possession of 14 kilograms of ganja, the Bengaluru court determined that Toto was entitled to relief. The judge observed that the investigation regarding the seizure was largely complete and further custodial interrogation was not necessary.
Terms and Conditions of the Bail Order
While granting the bail petition under Section 439 of the Code of Criminal Procedure, 1973 (which empowers High Courts or Sessions Courts to grant bail), the court imposed several stringent conditions to ensure the accused remains available for trial. Salman Ahmad Kowa Toto was ordered to be released on a personal bond of Rs. 1,00,000 with two sureties of the same amount.
The conditions include appearing before the Investigating Officer once a month, not leaving the court’s jurisdiction without prior permission, and providing proof of his local address and photo identification. The court warned that any breach of these conditions would lead to the immediate cancellation of his bail. Toto is also prohibited from committing any similar offences while out on liberty.