In a significant order reinforcing the legal distinction between different classifications of drug quantities, a Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to two individuals, Deep Darshan N and Narasimha, who were arrested for the possession of over 2 kilograms of Ganja. The court ruled that the seized amount of 2.15 Kgs falls under the ‘intermediate quantity’ bracket, effectively setting aside the rigorous bail restrictions of Section 37 of the NDPS Act.

The order was passed on January 16, 2023, by the XXXIII Addl. City Civil & Sessions Judge & Special Judge (NDPS), Smt. B.S. Jayashree, allowing the joint bail petition filed by the petitioners.

Details of the Allegations and Seizure

The petitioners, Deep Darshan N and Narasimha, both aged 19, sought regular bail under Section 439 of the Criminal Procedure Code (Cr.P.C.) in Cr. No. 05/2023 registered by the Jeevan Bheemanagar Police Station. The charges against them are under Section 20(b) of the NDPS Act, which penalizes the possession and sale of cannabis.

According to the prosecution’s report, on January 4, 2023, the PSI of the Jeevan Bheemanagar PS received credible information that two persons were selling Ganja on Suranjan Das Road near Sacred Heart School. A raid was conducted after obtaining permission from the ACP. The petitioners were apprehended at the spot while attempting to flee. A search, reportedly conducted in the presence of the ACP and panchas, led to the seizure of Ganja from a bag carried by the accused. The seized substance was weighed at 2 Kgs and 150 grams (2.15 Kgs). Both individuals were arrested and remanded to judicial custody.

Petitioners’ Plea and Prosecution’s Objections

The petitioners, through their counsel, argued that they were innocent, falsely implicated, and had no knowledge of the alleged crime. They contended that the mandatory provisions of search and seizure under the NDPS Act were not complied with. They further stressed that the seized quantity was not a ‘commercial quantity.’ Claiming to be young, permanent residents, and earning members of their respective families with no bad antecedents, they sought release, promising to abide by any conditions imposed by the court.

The prosecution opposed the bail, asserting that a prima facie case was established by the seizure of 2.15 Kgs of Ganja. They argued that the petitioners were “habitual drug dealers” and that their release could lead to them absconding or tampering with the investigation, as the offence is punishable with rigorous imprisonment up to 10 years and a fine.

The Court’s Ruling on ‘Intermediate Quantity’

The core of the court’s judgment rested on determining the classification of the 2.15 Kgs of Ganja under the NDPS Act.

The Special Judge referred to the Government of India’s Notification S.O. 1055(E) dated October 19, 2001 (Sl. No. 55) which specifies the quantity thresholds for Ganja:

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

The seized amount of 2 Kgs and 150 grams (2.15 Kgs) clearly falls between the small quantity of 1 Kg and the commercial quantity of 20 Kgs.

Consequently, the court concluded: “In this case the quantum of ganja seized is 2 Kg., 150 grams of ganja is an intermediate quantity.”

The court emphasized the legal ramifications of this classification, stating: “When the quantity is less than commercial quantity, rigors of Sec.37 of the NDPS Act will not attract…”

By not attracting the stringent conditions of Section 37, the court was able to consider the bail application based on normal legal principles, such as the stage of investigation and the personal circumstances of the accused.

Precedent and Final Decision

The court cited the Supreme Court judgment in Birbal Prasad Vs. State of Bihar (2018 11 SCC 488), where bail was granted for a quantity of 14 Kgs of Ganja, which was classified as a non-commercial quantity. Given that the seized quantity in the present case (2.15 Kgs) was significantly smaller, the court found the Supreme Court’s observations “aptly applies to the case on hand.”

Finding that the major portion of the investigation was concluded, the contraband seized, and further custodial interrogation unnecessary, the court allowed the petition.

The petitioners were enlarged on bail upon executing a personal bond for a sum of Rs. 1,00,000/- with one surety each for the like sum, subject to strict conditions to ensure their cooperation and prevent future offences:

• The petitioners must report to the Investigating Officer once a month, on the first Monday, between 10:00 am and 2:00 pm, until the charge sheet is filed.
• They shall not leave the court’s jurisdiction without prior permission.
• They are strictly prohibited from tampering with witnesses or absconding.
• They shall not commit any similar offence while on bail.

The order concluded with the warning that any breach of these conditions would automatically lead to the cancellation of bail. This ruling is a crucial reaffirmation of the judiciary’s power to grant bail in NDPS cases involving intermediate quantities where the threshold for Section 37 restrictions is not met.