The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to two individuals, Sowmya Ranjan Mishra and Rabi Kishore Nanda, who were arrested for allegedly selling ganja near a college in the Koramangala area. The decision, delivered by Smt. B.S. Jayashree, XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, came after the court observed that the quantity of the seized contraband did not meet the threshold of a “commercial quantity” under the law.
The petitioners, both 28 years old and originally hailing from Puri, Odisha, had been in judicial custody following a police raid on December 13, 2022. The court’s order provides a significant legal precedent regarding the classification of narcotics and the applicability of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Background of the Koramangala Drug Bust
The case was initiated by the Adugodi Police following a report by a Police Sub-Inspector on patrolling duty. According to the prosecution, the police received credible information that two individuals were selling drugs to college students during the afternoon hours near Mastri Palya lake. The informant highlighted that the suspects spoke Hindi and were often seen in a vacant space where ganja leaves were subsequently found.
Acting on this information, the police mounted surveillance and apprehended the suspects when they arrived at the spot in a car holding bags. Upon inspection, the police reportedly found 4 kilograms and 500 grams of ganja in the bag held by Sowmya Ranjan Mishra (Accused No. 1) and 3 kilograms and 600 grams in the bag held by Rabi Kishore Nanda (Accused No. 2). The total seizure amounted to 8 kilograms and 100 grams of ganja.
Legal Arguments for and Against Bail
Advocate Pradeep L., representing the petitioners, argued that his clients were innocent and had been falsely implicated by the police. He contended that the mandatory search and seizure procedures under the Narcotic Drugs and Psychotropic Substances Act, 1985—specifically Sections 41, 42, and 50—were not followed. Furthermore, he emphasized that the seized quantity was an “intermediate quantity,” not a “commercial quantity,” which changes the legal requirements for granting bail.
The prosecution, through the Public Prosecutor, strongly opposed the bail plea. They argued that the accused were caught red-handed with a significant amount of narcotics (over 8 kilograms) and that they were targeting vulnerable students. The state expressed concerns that if released, the petitioners, who are from Odisha, might abscond or continue their illegal activities.
The Court’s Reasoning on Intermediate Quantity
The central point of the court’s deliberation was the classification of the 8.1 kilograms of ganja. Under the Ministry of Finance Department of Revenue Notification S.O.1055(E), for ganja (cannabis):
- Small Quantity: Up to 1,000 grams (1 kg)
- Commercial Quantity: 20 kilograms or more
Judge B.S. Jayashree noted that the seized amount falls squarely into the “intermediate quantity” category. This is legally significant because Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985—which imposes strict conditions for bail—only applies to offences involving commercial quantities.
The court referenced the Supreme Court of India’s decision in Birbal Prasad vs. State of Bihar (2018), where it was held that in cases of non-commercial quantities where the accused has no prior criminal record, bail should generally be considered. The judge observed that the major portion of the investigation was concluded as the contraband had already been seized, and further custodial interrogation was not warranted.
Conditions for Release
While granting bail, the court imposed several stringent conditions to ensure the accused cooperate with the ongoing trial. Sowmya Ranjan Mishra and Rabi Kishore Nanda were ordered to be released on a personal bond of 1,00,000 rupees each, along with two sureties of the same amount.
The conditions include:
- Marking attendance at the concerned police station once a month until the charge sheet is filed.
- Prohibition from leaving the jurisdiction of the court without prior permission.
- Mandatory appearance before the court on all hearing dates.
- Submission of photo ID and local address proof for both the petitioners and their sureties.
- A strict warning that any breach of conditions or involvement in similar offences while on bail would lead to immediate cancellation of the bail.
This ruling underscores the judicial principle that “bail is the rule and jail is the exception” when the rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are not triggered by the quantity of the narcotics involved.