The Special NDPS Court in Bengaluru has granted bail to 29-year-old Kishan, who was arrested for the alleged possession of 1.215 kilograms of opium. The order, delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, highlighted that the quantity of the seized narcotic fell under the “intermediate” category, making the stringent restrictions of the NDPS Act less rigid.
The petitioner, Kishan, a native of Pali District in Rajasthan currently residing in Chikkabanavara, Bengaluru, had been in judicial custody following a raid by the Excise Department. The prosecution alleged that on September 14, 2022, the Excise Inspector of the Konankunte Range received credible information regarding the transport of opium near Jnana Sweekar School on Kanakapura Road. Upon intercepting the suspect and searching his bag, officials reportedly discovered the contraband, which the accused claimed to have purchased from an individual named Deepak for resale.
During the bail hearing, the counsel for the petitioner argued that Kishan was innocent and had been falsely implicated. The defense contended that mandatory procedures under Sections 41, 42, 50, 52, and 47 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act—which govern search, seizure, and arrest protocols—were not properly followed. It was further argued that since the investigation had largely concluded with the seizure of the material, continued detention was unnecessary.
The Public Prosecutor vehemently opposed the bail plea, characterizing the offense as heinous. The state argued that the seizure of over one kilogram of opium was a serious matter and labeled the petitioner a “habitual drug dealer.” The prosecution expressed concerns that if released on bail, the accused might abscond to his home state of Rajasthan or attempt to hamper the ongoing investigation.
In its detailed reasoning, the court analyzed the weight of the seized drugs against the statutory limits defined by the Ministry of Finance. For opium, the law specifies that 25 grams is considered a “small quantity,” while 2.5 kilograms is the threshold for a “commercial quantity.” The 1.215 kilograms seized from Kishan was thus classified as an “intermediate quantity.”
Judge B.S. Jayashree noted that when the quantity involved is less than commercial, the “rigors of Section 37” of the NDPS Act do not strictly apply. Section 37 usually requires the court to be satisfied that there are reasonable grounds to believe the accused is not guilty before granting bail. However, for intermediate quantities, the court can apply standard bail principles, balancing the liberty of the individual with the needs of the justice system.
The court cited the Supreme Court decision in Birbal Prasad vs. State of Bihar, noting that in cases of non-commercial quantities where the accused is not involved in other pending cases, bail should generally be considered. The judge observed that Kishan’s voluntary statement had already been recorded and the incriminatory articles were in the custody of the authorities, meaning custodial interrogation was no longer warranted.
To mitigate the risk of the accused fleeing, the court imposed a set of strict conditions. Kishan was ordered to be released on bail upon executing a personal bond of Rs. 1,00,000 with two sureties of the same amount.
The conditions of his release include a mandatory appearance before the Investigating Officer once a month, specifically on the first Monday, until the charge sheet is filed. He is prohibited from leaving the court’s jurisdiction without prior permission and must not tamper with witnesses or commit any other offenses while on bail. Furthermore, the court required the petitioner to furnish photo identification and local address proof for both himself and his sureties to ensure accountability. Failure to comply with any of these conditions would result in the immediate cancellation of his bail.