In a significant judicial order delivered on September 20, 2022, the XXXIII Additional City Civil & Sessions Judge and Special Judge (NDPS), Bengaluru, Smt. B.S. Jayashree, LL.M., allowed the bail petition filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) in Criminal Miscellaneous No. 8849/2022. The court enlarged Sheik Jalal Ali on regular bail in connection with Crime No. 212/2022 registered by the Bellandur Police Station. The accused was facing prosecution for offences punishable under Section 20(b) of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985.

Prosecution Allegations and Procedural History

The criminal proceedings were initiated based on a report submitted by a Police Sub-Inspector (PSI) of Bellandur Police Station. According to the prosecution case, on September 2, 2022, while discharging duties at the station, the complainant PSI received credible information indicating that a person was selling ganja to the public on Halanayakanahalli Kere Road, off Sarjapura Road, Bengaluru.

After notifying the Police Inspector (PI) and Assistant Commissioner of Police (ACP), the PSI secured required permission to conduct a raid. Accompanied by independent panchas and police personnel, the raiding team arrived at the scene. A police constable, Yogesh, was deployed as a decoy customer to approach the suspect. After interacting with the individual, the decoy officer signaled the waiting police team.

The officers surrounded the suspect, who disclosed his name as Sheik Jalal Ali, aged 19 years, residing behind Honey Bakery, Junnasandra, Sarjapura Road, Bengaluru. A search conducted at the spot yielded ganja kept in his possession weighing 1 kilogram and 260 grams. The contraband was weighed and seized under a detailed spot seizure panchanama.

Following the raid, the PSI prepared a comprehensive report and submitted it to the Station House Officer (SHO), leading to the registration of Crime No. 212/2022 under Section 20(b) of the NDPS Act. Sheik Jalal Ali was arrested, produced before the jurisdictional magistrate, and remanded to judicial custody.

Arguments Submitted by Defence Counsel

Appearing on behalf of the petitioner, learned advocate Sri N.P. urged the following legal grounds seeking regular bail:

• Innocence and False Implication: The petitioner asserted that he is an innocent, law-abiding citizen with no knowledge of the alleged crime, submitting that he was planted in the case by police at the instance of extraneous elements.
• Non-Commercial Quantity Classification: Defence counsel emphasized that the seized drug (1.26 kg of ganja) falls well below the commercial quantity threshold established under the NDPS Act.
• Procedural Non-Compliance: The defence submitted that mandatory statutory safeguards prescribed under Sections 41, 42, 47, 50, and 52 of the NDPS Act were not complied with during the trap, search, and seizure procedure.
• Custody, Antecedents, and Personal Circumstances: It was contended that there are no eyewitnesses testifying to the sale of contraband, the petitioner has no prior criminal antecedents, and he is the sole breadwinner for his family. Being a permanent resident of Bengaluru, he expressed full readiness to offer sureties and abide by any court conditions.

Prosecution Objections

The Public Prosecutor strongly opposed the bail application, advancing the following objections:

• Seizure of Contraband: Investigating authorities seized 1.26 kg of ganja directly from the physical custody of the accused following a planned decoy operation and spot mahazar.
• Severity of Punishment: The offence alleged carries rigorous imprisonment extending up to 10 years along with a fine.
• Flight Risk and Recidivism: The prosecution contended that a prima facie case exists demonstrating that the petitioner is a habitual drug dealer who, if released on bail, would abscond and hamper the ongoing investigation.

Judicial Analysis and Detailed Legal Reasoning

The Special Court evaluated the case records, prosecution papers, and arguments from both sides to decide Point No. 1: whether sufficient grounds were made out for granting regular bail under Section 439 Cr.P.C.

1. Classification of Ganja Quantity

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

• Small Quantity for Ganja: Up to 1,000 grams (1 kg).
• Commercial Quantity for Ganja: 20 kilograms or more.

The court noted that the 1 kg 260 grams of ganja recovered in this case exceeds 1 kg but remains far below 20 kg, placing it explicitly in the category of an intermediate quantity.

2. Non-Applicability of Section 37 Rigors and Precedent Analysis

Special Judge Smt. B.S. Jayashree emphasized that when the quantity of contraband seized is less than a commercial quantity, the strict statutory restrictions on bail under Section 37 of the NDPS Act do not apply. Consequently, the criteria for evaluating bail revert to regular statutory considerations under the Cr.P.C., unless exceptional adverse circumstances are demonstrated by the prosecution.

To reinforce this legal standard, the court relied on the binding Supreme Court judgment in Birbal Prasad v. State of Bihar [(2018) 11 SCC 488], where the Apex Court granted bail to an accused found in possession of 14 kg of ganja (a non-commercial quantity) who was not involved in any other cases. Holding that the legal principle applied directly to the present facts, the court ruled that the petitioner’s bail application deserved favorable consideration.

3. Investigation Progress and Custodial Necessity

The court observed that a major portion of the investigation had concluded since the incriminatory contraband was seized and the voluntary statement of the accused recorded. The alleged offence does not carry penalties of death or life imprisonment, rendering further custodial interrogation unnecessary. Furthermore, the court held that the prosecution’s apprehensions regarding flight risk or trial delay could be effectively compensated by imposing stringent conditions.

It remains a settled principle of criminal jurisprudence that an order granting bail at the pre-trial stage is purely a procedural relief and does not amount to a final determination of the accused person’s guilt or innocence, which remains subject to full-fledged trial.

Final Order and Terms Directing Release

Answering Point No. 1 in the affirmative, Special Judge Smt. B.S. Jayashree allowed the petition filed under Section 439 Cr.P.C. and passed the following order:

The petition filed by the petitioner under Section 439 of Cr.P.C. is hereby allowed. The petitioner, Sheik Jalal Ali, is enlarged on bail in Crime No. 212/2022 of Bellandur Police Station on executing a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh only) with two sureties for the like sum, subject to the following conditions:

1. The petitioner shall give attendance before the concerned Investigating Officer once a month, preferably on the first Monday of every month between 10.00 AM and 2.00 PM, till filing of the charge-sheet or further orders, whichever is earlier.
2. He shall not leave the jurisdiction of this court without prior permission.
3. He shall not tamper with prosecution witnesses or abscond.
4. He shall co-operate with the Investigating Officer for investigation.
5. He shall not commit a similar offence or any offence while on bail.
6. He shall furnish his photo ID proof and local address proof document before the court along with photo ID proof of his sureties.
7. He shall appear before the court on all hearing dates.
8. Breach of any of the conditions by the petitioner would entail cancellation of bail.