In a further judicial interpretation of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, a Special Court in Bengaluru has granted bail to an individual, Chunchun Sah, who was arrested for the alleged possession of 2 Kgs of Ganja. The court conclusively determined that the seized quantity falls under the ‘intermediate quantity’ bracket, thereby exempting the accused from the stringent bail conditions mandated by Section 37 of the Act.

The order was pronounced on August 30, 2023, by the XXXIII Addl. City Civil & Sessions Judge & Special Judge (NDPS), Smt. B.S. Jayashree, allowing the petition filed by Chunchun Sah, a 29-year-old resident of Bihar, with a current address in Varthur, Bengaluru.

Details of the Arrest and Charges

The case, registered as Crime No. 213/2023 by the Marathahalli Police Station, charges the petitioner with an offence punishable under Section 20(b) of the NDPS Act, which deals with the production, possession, sale, purchase, transport, inter-State import, inter-State export, or use of cannabis (Ganja/Marijuana).

The prosecution’s case, as detailed in the court record, stems from an incident on August 3, 2023. A police constable received credible information about an unknown person illegally possessing Ganja near the KMF Milk Dairy, Munnekolala, Bengaluru. Following the information, a raid was organized and executed by the PSI of the Marathahalli Police Station. The accused, Chunchun Sah, was apprehended at the spot with a carrying bag. Upon checking, the bag was found to contain Ganja, which was weighed at 2 Kgs. A detailed mahazar was drawn, the Ganja was seized, and the accused was arrested and subsequently sent to judicial custody.

Legal Arguments and Contention over Quantity

The petitioner’s counsel, Sri. Ramesha Gogi, sought bail arguing that Chunchun Sah was innocent, falsely implanted in the case, and had no prior knowledge of the alleged crime. The defense also contested that the mandatory provisions relating to search and seizure under the NDPS Act were not complied with. Critically, the defense asserted that the seized 2 Kgs of Ganja was not a commercial quantity. The petitioner, claimed to be the sole bread earner of his family and willing to abide by any court-imposed conditions, pressed for his release.

The Public Prosecutor strongly opposed the petition, stating that 2 Kgs of Ganja was seized, constituting a prima facie case. The prosecution argued that the offence carries a rigorous imprisonment term of up to 10 years and that the accused, alleged to be a habitual drug dealer, might abscond or tamper with the investigation if released.

The Court’s Determination: Intermediate Quantity

The court’s decision hinged entirely on the classification of the seized substance, Ganja, based on the statutory thresholds defined under the NDPS Act.

The court referred to the Ministry of Finance Department of Revenue Notification S.O. 1055(E) dated October 19, 2001 (Sl. No. 55) for Ganja (Cannabis flower/fruit tops):

• Small Quantity (SQ): 1000 grams (1 Kg).
• Commercial Quantity (CQ): 20 Kgs.

The quantity seized in this case was 2 Kgs, which is 2000 grams.

Analyzing these figures, the Special Judge confirmed: “In this case the quantum of ganja seized is 2 Kgs., of ganja is an intermediate quantity.”

Since the seized 2 Kgs falls squarely between the Small Quantity (1 Kg) and the Commercial Quantity (20 Kgs), the court concluded that the rigors of Section 37 of the NDPS Act—which impose severe restrictions on granting bail for offenses involving commercial quantities—will not attract. This pivotal finding allowed the court to consider the bail plea under the normal principles governing the grant of bail in criminal cases.

Reliance on Supreme Court Precedent

To reinforce its decision, the court cited the Hon’ble Apex Court judgment in Birbal Prasad Vs. State of Bihar (2018 11 SCC 488). In that case, the Supreme Court had granted bail where the quantity involved was 14 Kgs of Ganja, classifying it as a non-commercial quantity. The Special Judge noted that the seized quantity in the present case (2 Kgs) was substantially less than 14 Kgs, thus “aptly applies to the case on hand in holding that the contraband seized in the case on hand is intermediate quantity and it is not commercial quantity.”

Conclusion and Conditions for Release

The court found that the major portion of the investigation was concluded, as the incriminatory article had already been seized and the accused’s voluntary statement recorded. Finding that further custodial interrogation was not warranted and that the apprehension of the prosecution regarding absconding could be addressed through stringent conditions, the court allowed the petition.

The petitioner, Chunchun Sah, was enlarged on bail upon executing a personal bond for a sum of Rs. 1,00,000/- with two sureties for the like sum. The bail is subject to multiple strict conditions:

• The petitioner must report to the concerned Investigating Officer once a month, specifically on the first Monday, between 10:00 am and 2:00 pm, until the charge sheet is filed.
• He is strictly prohibited from leaving the court’s jurisdiction without obtaining prior permission.
• He shall neither tamper with witnesses nor abscond from legal proceedings.
• He must fully cooperate with the I.O. for investigation.
• He shall not commit any similar or other offense while on bail.

The court made it clear that a breach of any of these conditions would automatically lead to the cancellation of the bail. This decision reinforces the legal principle that the burden of proof under Section 37 is not triggered when the quantity of the seized narcotic substance is classified as an intermediate quantity.