In a significant ruling, the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to Hrishikesh P Nayak, a 22-year-old resident of Yeshwanthpur, who was arrested in connection with an international drug trafficking racket. The case, which involved the shipment of “hydro ganja” and psilocybin mushrooms from the United States, saw the court balancing the gravity of the charges against the quantity of the contraband seized and the specific role of the accused.

Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, delivered the order on November 19, 2022, following a detailed hearing of Crl.Misc.No.11119/2022.

The Genesis of the Case: Controlled Delivery at Foreign Post Office

The legal proceedings began when the Narcotics Control Bureau (NCB) acted on credible information regarding suspicious shipments arriving from the USA. On November 4, 2022, the IO of the NCB intercepted two shipments at the Foreign Post Office in Bangalore. These parcels, bearing tracking numbers UA935905620US and CE985425250US, were found to contain 177 grams of hydro ganja and 7 grams of psilocybin mushrooms.

To catch the perpetrators red-handed, the NCB obtained authorization from its headquarters in New Delhi for a “controlled delivery” of dummy parcels. On November 7, 2022, when the delivery was attempted at the address of Hrishikesh Kumar in Jalahalli, the petitioner Hrishikesh P Nayak and another individual, Suhas Shankar, arrived to collect the parcel. They were immediately intercepted and summoned for enquiry. Subsequent investigations led to the arrest of two other individuals, Ekarya Gupta and Aadish Bohra, at CMS Jain University, who were allegedly involved in booking the parcels.

Arguments for the Petitioner: Innocent Recipient or Conscious Participant?

Represented by Sri Balakrishna Jagtap, the petitioner Hrishikesh P Nayak argued that he was an innocent law-abiding citizen with no knowledge of the illicit contents of the parcel. The defense contended that no contraband was recovered from his physical person and that he was merely used by his childhood friend, accused No. 3, Suhas Gowda.

The defense further argued that the petitioner was a young man searching for a job and was the sole breadwinner for his family. They emphasized that the quantity of drugs seized did not meet the “commercial quantity” threshold, and therefore, the stringent restrictions on bail under Section 37 of the NDPS Act should not apply.

Prosecution Opposition: A Case of Active Drug Trafficking

The Public Prosecutor representing the NCB strongly opposed the bail plea. The prosecution alleged that the petitioner was fully aware of the drug trafficking operation. It was revealed through voluntary statements that the petitioner’s name and address were used by the other accused to facilitate the importation of drugs from the USA via the Dark Net. The NCB argued that the petitioner had received similar drug parcels in the past, suggesting a pattern of behavior rather than a one-time mistake. Given the nature of the offence, the prosecution feared that the petitioner might abscond or tamper with witnesses if released.

Court’s Analysis: The Significance of “Intermediate Quantity”

The court meticulously analyzed the quantities of the drugs seized. According to the Ministry of Finance Notification, 1,000 grams of Ganja is considered “small quantity” and 20 Kgs is “commercial quantity.” The 177 grams of hydro ganja seized in this case was thus categorized as a small quantity. However, for psilocybin, 2 grams is small and 50 grams is commercial. The 7 grams of mushrooms seized fell into the “intermediate quantity” category.

The Judge cited the Supreme Court decision in Birbal Prasad vs. State of Bihar, noting that when the quantity involved is non-commercial, the rigors of Section 37 of the NDPS Act are not attracted. Section 37 typically requires the court to be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and is not likely to commit any offence while on bail—a high bar to meet. However, since this was an intermediate quantity, the court treated the petition under regular bail statutes.

Final Ruling and Conditions of Release

The court noted that the major portion of the investigation was concluded since the incriminatory articles had already been seized. Judge B.S. Jayashree observed that the petitioner’s custodial interrogation was no longer warranted and that the apprehension of the prosecution regarding him absconding could be managed through stringent conditions.

Allowing the petition, the court ordered Hrishikesh P Nayak to be released on bail upon executing a personal bond of Rs. 1,00,000 with two sureties of the like sum. The court imposed the following conditions:

The petitioner must attend the NCB office once a month on the first Monday.

He is prohibited from leaving the jurisdiction of the court without prior permission.

He must not tamper with evidence or witnesses.

He must cooperate fully with the ongoing investigation.

He must not commit any similar offences while on bail.

This case highlights the increasing use of postal services and the Dark Net for drug trafficking in urban centers like Bengaluru and serves as a reminder of the complex legal distinctions between small, intermediate, and commercial quantities under the NDPS Act.