The Special Court for Narcotic Drugs and Psychotropic Substances in Bengaluru has granted bail to Siraj Ahamed Khan, a 49-year-old resident of Mumbai, who was arrested by Customs officials at Kempegowda International Airport for allegedly attempting to smuggle ganja into the country. The court, presided over by Special Judge Smt. B.S. Jayashree, ruled that as the quantity of the seized narcotic was classified as “intermediate” and not “commercial,” the petitioner was entitled to liberty under specific judicial conditions.

The case, registered by the Air Intelligence Unit of the Customs Department, involved charges under the Narcotic Drugs and Psychotropic Substances Act, 1985, specifically Section 8(c), Section 21(c), Section 23(c), and Section 28. These sections pertain to the prohibition of certain operations involving narcotic drugs, punishment for contravention in relation to manufactured drugs, punishment for illegal import, and punishment for attempts to commit offences.

Customs Interception and the Discovery of Narcotics

The incident occurred on March 25, 2024, at approximately 11:53 AM. According to the prosecution’s case, Air Intelligence Unit officers intercepted Siraj Ahamed Khan upon his arrival at Kempegowda International Airport on Thai Airways Flight TG325 from Bangkok. During a routine screening of the passenger’s trolley bag, the X-ray machine revealed the presence of organic material of plant origin.

When initially questioned by Customs officials, Khan claimed the baggage contained only fruits and eatables. Unsatisfied with the response, the officers conducted a physical examination of the luggage. Upon opening the bag, they discovered several Kellogg’s cereal packets. Inside these packets, officials found green-colored chunks that emitted the distinct odor of marijuana or ganja.

A detailed weighing of the contents revealed several pouches containing the substance, with weights recorded at 201.40 grams, 200 grams, 275.10 grams, 248.90 grams, 199.80 grams, 275.40 grams, and 200.20 grams. The total weight of the contraband seized was 1,399.40 grams. A field test conducted with a drug detection kit confirmed the presence of ganja. Following the seizure and the recording of a statement, the accused was remanded to judicial custody.

Arguments Presented by Defense and Prosecution

The legal representative for Siraj Ahamed Khan argued that the petitioner was a law-abiding citizen who had been falsely implicated in the crime. The defense contended that the mandatory procedural requirements of the Narcotic Drugs and Psychotropic Substances Act, 1985, had not been followed during the search and seizure. They further emphasized that Khan had no prior criminal record, was the sole bread earner for his family, and that the quantity of drugs seized did not meet the “commercial” threshold required to deny bail.

The Special Public Prosecutor for the Customs Department strongly opposed the bail plea. The prosecution argued that the petitioner was caught red-handed while attempting to smuggle narcotics across international borders. They characterized him as a habitual dealer and expressed significant concerns that, if released, he might abscond to his home state of Maharashtra or tamper with the ongoing investigation.

Judicial Analysis of Intermediate Quantity

In the final order dated March 28, 2024, Judge B.S. Jayashree focused on the classification of the seized substance. Under the Ministry of Finance Department of Revenue Notification, the legal thresholds for ganja are clearly defined: 1,000 grams (1 kilogram) is considered a “small quantity,” while 20 kilograms or more is considered a “commercial quantity.”

The court noted that the 1.39 kilograms seized from the petitioner falls into the “intermediate quantity” category. The judge cited the landmark Supreme Court decision in the case of Birbal Prasad vs. State of Bihar (2018), which established that in cases involving non-commercial quantities where the accused has no prior criminal history, bail should generally be granted pending trial.

The court further observed that when the quantity is less than commercial, the rigorous requirements of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985—which places a high burden on the accused to prove innocence for the purpose of bail—do not apply. Since the investigation was largely complete and the contraband was already in the custody of the authorities, the court found that continued detention was not warranted.

Bail Conditions and Final Order

The court allowed the petition under Section 439 of the Code of Criminal Procedure, 1973, which governs the special powers of the High Court or Court of Session regarding bail. Siraj Ahamed Khan was ordered to be released on a personal bond of 1,00,000 Rupees with one surety for the same amount.

The bail was granted subject to the following eight conditions:

1. The petitioner must appear before the Investigating Officer once a month, specifically on the first Monday, until the filing of the charge sheet.
2. He is prohibited from leaving the jurisdiction of the court without prior permission.
3. He must not tamper with prosecution witnesses or abscond from the legal process.
4. He must cooperate fully with the Investigating Officer for the remainder of the investigation.
5. He is strictly prohibited from committing any similar or new offences while out on bail.
6. He must furnish photo identification and proof of his local address, along with identity proof for his surety.
7. He must appear before the court on all hearing dates scheduled for the trial.
8. Any breach of these conditions will lead to the immediate cancellation of the bail order.