The Special Court for Narcotic Drugs and Psychotropic Substances in Bengaluru has granted bail to 32-year-old Syed Nawaz, who was arrested by the Ashok Nagar Police for allegedly possessing and attempting to sell Ganja. The order, delivered by Smt. B.S. Jayashree, XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, emphasized that the quantity of the drug seized fell into the intermediate category, allowing the court to exercise discretion in favor of the petitioner’s liberty.
The petitioner, a resident of Basavanapura Main Road, K.R. Puram, was apprehended during a police raid in early January 2023. He was charged under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which pertains to the punishment for contravention in relation to the cannabis plant and cannabis.
Details of the Police Raid and Arrest
According to the prosecution’s case, the incident occurred on January 6, 2023. The Police Sub-Inspector of Ashok Nagar Police Station received credible intelligence at approximately 9:00 AM regarding a person selling Ganja to the public at Anepalya 1st Cross. After obtaining the necessary permissions from higher officers, the police team registered a case under Crime Number 11/2023 and proceeded to the spot.
The police team, accompanied by independent witnesses known as panchas, mounted surveillance in the area. They observed a man moving suspiciously and carrying a bag. Upon surrounding and apprehending the individual, he identified himself as Syed Nawaz. A search of his bag, conducted in the presence of the Assistant Commissioner of Police to ensure legal compliance, revealed 1 kilogram and 100 grams of Ganja. The contraband was seized under a detailed mahazar, and the accused was subsequently remanded to judicial custody.
Legal Arguments for Bail
Representing the petitioner, Advocate Sundar B. argued that Syed Nawaz was an innocent citizen with no prior criminal record. The defense contended that the petitioner was falsely implicated at the behest of “extraneous elements” and had no knowledge of the alleged crime. A major point of the defense was the assertion that the mandatory procedural requirements under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which governs the conditions under which a personal search is conducted, had not been strictly followed.
The defense further highlighted that the petitioner is the sole breadwinner for his family and that the quantity seized was not a “commercial quantity.” They assured the court that the petitioner was a permanent resident of Bengaluru and would not abscond if released, promising to abide by any stringent conditions imposed by the judiciary.
Prosecution’s Objections
The Public Prosecutor strongly opposed the bail application, arguing that the accused was caught red-handed with a significant amount of a narcotic substance. The state contended that the offence is a serious threat to society and is punishable with rigorous imprisonment for up to 10 years. The prosecution further alleged that the petitioner was a habitual dealer and expressed fears that his release would hamper the ongoing investigation or lead him to flee from justice.
The Court’s Reasoning: Intermediate vs. Commercial Quantity
In its analysis, the court focused on the classification of the seized substance. According to the Ministry of Finance Department of Revenue Notification S.O.1055(E), the thresholds for Ganja are as follows:
- Small Quantity: Up to 1,000 grams (1 kg).
- Commercial Quantity: 20 kilograms or more.
The court noted that the 1.1 kilograms seized from Syed Nawaz exceeds the “small quantity” threshold but is far below the “commercial quantity” of 20 kilograms. Therefore, it is classified as an “intermediate quantity.”
Judge B.S. Jayashree cited the Supreme Court of India’s ruling in the case of Birbal Prasad vs. State of Bihar (2018), which held that in cases involving non-commercial quantities where the accused has no other pending cases, bail should generally be considered. The court observed that because the quantity was intermediate, the rigorous “twin conditions” for bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, do not apply. Section 37 typically requires the court to be satisfied that the accused is likely not guilty and unlikely to commit further crimes, but this applies primarily to commercial quantities.
The judge concluded that since the incriminatory article had already been seized and the petitioner’s voluntary statement had been recorded, further custodial interrogation was unnecessary.
Final Order and Conditions of Bail
The court allowed the petition under Section 439 of the Code of Criminal Procedure, 1973. Syed Nawaz was ordered to be released on bail upon executing a personal bond for 1,00,000 Rupees with one surety for the same amount. The following conditions were imposed to ensure the integrity of the legal process:
- The petitioner must appear before the Investigating Officer once a month, specifically on the first Monday of every month, until the charge sheet is filed.
- He is prohibited from leaving the jurisdiction of the court without prior permission.
- He must not tamper with prosecution witnesses or attempt to abscond.
- He must fully cooperate with the investigating officer.
- He must not commit any similar offences while out on bail.
- He must furnish his photo ID and address proof, as well as those of his surety.
- He must appear before the court on all hearing dates without fail.
The court explicitly stated that any breach of these conditions would entitle the prosecution to seek the cancellation of the bail.