In a recent ruling, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases in Bengaluru has granted bail to Korada Sai Amaranath, who was arrested for the alleged possession of weed oil. The decision, delivered by Smt. B.S. Jayashree on January 7, 2023, hinged on the classification of the seized contraband as an “intermediate quantity” rather than a “commercial quantity,” thereby relaxing the stringent bail conditions typically associated with drug trafficking cases.
Case Background and Arrest
The case against Korada Sai Amaranath, a 25-year-old native of Visakhapatnam, Andhra Pradesh, originated from a patrolling operation conducted by the Banaswadi Police. On December 19, 2022, acting on credible information, the police arrived at Kammanahalli Main Road near Sukh Sagar Hotel.
According to the prosecution, the PSI of Banaswadi PS observed a person holding a cover and attempting to sell contraband to the public. To confirm the suspicion, a decoy police constable was sent to the suspect. The decoy confirmed that the individual was carrying “weed oil.” Upon surrounding and searching the suspect, the police recovered a plastic bottle containing 220 grams of black-colored weed oil from his pant pocket.
Following the seizure and the drawing of a mahazar (spot inspection report), the accused was arrested and booked under Sections 8(c) and 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He had been in judicial custody since his arrest.
Arguments Presented by Both Sides
The counsel for the petitioner argued that Amaranath was a law-abiding citizen who had been falsely implicated. The defense contended that the mandatory procedures for recovery and search under the NDPS Act were not followed. Crucially, they argued that the 220 grams of weed oil seized did not constitute a “commercial quantity,” which significantly impacts the eligibility for bail.
Conversely, the Public Prosecutor strongly opposed the bail plea. The state argued that 220 grams of weed oil is a substantial amount intended for sale to the younger generation, which could ruin lives. They contended that the offense is punishable with rigorous imprisonment of up to 20 years and that the investigation was still ongoing. The prosecution expressed fears that the petitioner, if released, might abscond or tamper with witnesses.
The Court’s Rationale
The court’s decision rested on the legal definitions of drug quantities as specified by the Ministry of Finance Department of Revenue. According to the notification dated October 19, 2001, for Hashish or Weed Oil:
- Small Quantity: Up to 100 grams
- Commercial Quantity: 1 kilogram (1000 grams) and above
The court noted that the 220 grams seized in this case falls squarely into the “intermediate quantity” category. Judge B.S. Jayashree cited the Supreme Court decision in Birbal Prasad Vs. State of Bihar (2018), which established that when the quantity involved is non-commercial, the rigors of Section 37 of the NDPS Act—which makes bail extremely difficult to obtain—do not apply.
The judge observed that the major portion of the investigation was concluded and that the offense was not punishable by death or life imprisonment. Furthermore, the court found that custodial interrogation was no longer warranted and that the prosecution’s fears regarding the accused absconding could be mitigated by imposing strict conditions.
Terms of the Bail
The court allowed the petition under Section 439 of the Cr.P.C., ordering the release of Korada Sai Amaranath upon the execution of a personal bond of Rs. 1,00,000 with two sureties. The bail is subject to the following strict conditions:
- Attendance: The petitioner must appear before the Investigating Officer once a month, specifically on the first Monday, until the charge sheet is filed.
- Jurisdiction: He shall not leave the court’s jurisdiction without prior permission.
- Conduct: He is prohibited from tampering with witnesses, absconding, or committing similar offenses while on bail.
- Cooperation: He must cooperate with the ongoing investigation and appear for all hearing dates.
- Documentation: He must furnish photo ID proof and local address proof for himself and his sureties.
Failure to comply with any of these conditions will result in the immediate cancellation of his bail. This ruling underscores the judicial trend of balancing the severity of drug offenses with the specific quantities involved and the fundamental right to liberty during trial.