In an order passed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the XXXIII Additional City Civil & Sessions Judge and Special Judge for NDPS cases in Bengaluru granted regular bail to Kadheeravan (Accused No. 1), Rizwan @ Papu (Accused No. 2), and Mohammed Ibrahim (Accused No. 3). Presided over by Smt. B.S. Jayashree, the Special Court delivered its ruling in Criminal Miscellaneous Petition No. 8526/2022 on September 3, 2022, holding that the recovery of an intermediate quantity of Ganja, combined with the absence of prior criminal antecedents, justified releasing the petitioners on bail.

Background of the Prosecution Case

The criminal prosecution was initiated following a report submitted by the Police Sub-Inspector of HAL Police Station. According to police records, on August 21, 2022, around 3:00 PM, officers received credible intelligence indicating that individuals were selling contraband from a motorcycle to the public at the Islampura playground in Bengaluru.

Upon receiving authorization from senior officers, a police team conducted a raid at the location and apprehended three individuals. Search operations led to the recovery of 1 kilogram and 100 grams of Ganja. A spot seizure panchanama was drawn, and HAL Police registered Crime No. 227/2022 under Sections 20(b) and 27(B) of the NDPS Act. Following a medical examination confirming drug consumption, the accused were remanded to judicial custody on August 21, 2022.

Submissions by the Petitioners

Seeking regular bail under Section 439 of the Code of Criminal Procedure (Cr.P.C.), the petitioners, represented by advocate Sri JVS, raised the following arguments:

• Allegations of False Implication: The petitioners maintained complete innocence, asserting that their voluntary statements were drawn up to suit the prosecution’s case and that they were falsely implicated after the incident.
• Procedural Violations: The defense contended that mandatory procedures under Sections 41, 42, 50, 52, and 57 of the NDPS Act were not complied with during search and seizure.
• Non-Commercial Quantity: The 1.1 kg of Ganja seized from their possession does not constitute a commercial quantity under the NDPS Act.
• Permanent Address & Clean Background: The petitioners are permanent residents of Bengaluru with local addresses and no prior criminal records.
• Willingness to Comply: They expressed full readiness to furnish solvent sureties and abide by all bail conditions imposed by the court.

Objections by the Prosecution

The Public Prosecutor strongly opposed the bail petition, submitting that:

• The investigating agency recovered 1.13 kg (1 kg 100 g) of Ganja directly from the custody of the accused under a formal mahazar.
• The offences carry rigorous imprisonment extending up to 10 years along with fine penalties.
• The prosecution characterized the petitioners as habitual drug peddlers and raised concerns that granting bail could lead to absconding or hampering the ongoing investigation.

Legal Analysis and Findings of the Court

The Special Court evaluated the classification of the contraband under NDPS rules, the progress of the investigation, and the personal circumstances of the petitioners.

Classification of Contraband Thresholds

Under Notification S.O. 1055(E) dated October 19, 2001 (Sl. No. 55), issued by the Ministry of Finance (Department of Revenue):

• Small Quantity (Ganja): Up to 1,000 grams (1 kg)
• Commercial Quantity (Ganja): 20 kilograms and above

The court noted that the 1,100 grams (1.1 kg) of Ganja seized in this case exceeds small quantity limits but remains far below the 20 kg commercial threshold, placing it in the intermediate quantity category.

Key Factors Supporting Relief

Evaluating the application under standard bail parameters, Judge B.S. Jayashree made the following findings:

1. No Criminal Antecedents: The petitioners have no past criminal record and are not habitual offenders.
2. Substantial Completion of Investigation: The incriminatory article had already been seized, and the petitioners had been in judicial custody since August 21, 2022.
3. Punishment Nature: The alleged offences are not punishable by death or life imprisonment, rendering further custodial interrogation unnecessary.
4. Verifiable Residency: The petitioners provided verifiable local residential addresses in Bengaluru, mitigating prosecution concerns regarding flight risk.

Terms and Conditions of Bail

Answering Point No. 1 in the affirmative, the Special Court allowed the petition under Section 439 Cr.P.C. Kadheeravan, Rizwan @ Papu, and Mohammed Ibrahim were ordered to be released on bail upon executing a personal bond of Rs. 1,00,000/- each, with two sureties for the like sum, subject to the following conditions:

1. The petitioners shall mark their attendance before the concerned Investigating Officer once a month (preferably the first Monday) between 10:00 AM and 2:00 PM until the charge sheet is filed or further orders are issued.
2. They shall not leave the jurisdiction of the court without prior permission.
3. They shall not tamper with prosecution witnesses or abscond.
4. They must fully cooperate with the Investigating Officer during investigation.
5. They shall not commit a similar offence or any offence while on bail.
6. They must furnish photo ID proof and address proof for themselves and their sureties.
7. They must appear before the court on all scheduled hearing dates.
8. Any breach of these conditions will result in the cancellation of bail.