The Special Court for NDPS cases in Bengaluru has granted bail to four youths from Odisha who were arrested for allegedly possessing 15 kilograms of ganja. The order was passed by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, on August 19, 2022. The court observed that the quantity of the drug seized fell under the category of intermediate quantity, making the accused eligible for bail under regular judicial considerations.

The petitioners, identified as Litu Kudei (20), Madhaba Digial (22), Prahlada Kanhar (20), and Sidhanta Sahu (19), are all residents of Kandhamal District in Odisha. They were booked under Section 20(B)(ii)(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act following a raid by the Hosakote Police.

Police Raid and Arrest Details

The prosecution’s case dates back to July 18, 2022. According to the police report, the Police Sub-Inspector of Hosakote Police Station received credible information at approximately 12:15 pm regarding drug peddling activities. The informant stated that four individuals were selling narcotics to customers on the service road of the Kolar-Bangalore National Highway 75, near Syed Palace.

Upon receiving permission from higher officers, the police team conducted a raid at the specified location. They reportedly found four persons, two of whom were holding bags. The police surrounded and apprehended the suspects, discovering 15 kilograms of ganja within the bags. The accused were subsequently produced before a jurisdictional Magistrate and remanded to judicial custody.

Arguments Presented by the Defense and Prosecution

The counsel for the petitioners, Sri Nataraj D., argued that the youths were innocent and had been falsely implicated in the case. The defense contended that the mandatory procedures for search and seizure as outlined in Sections 41, 42, 50, 52, and 47 of the NDPS Act were not followed by the investigating agency. Furthermore, it was highlighted that the quantity of ganja seized was not a commercial quantity, and since the petitioners are permanent residents of Odisha with no prior criminal record, they should be granted liberty.

The Special Public Prosecutor opposed the bail application, asserting that 15 kilograms is a significant amount of contraband. The prosecution argued that the accused were habitual dealers and that their release would pose a risk to society, as they might continue their illegal profession or abscond from the trial.

The Intermediate Quantity Factor

In its analysis, the court focused on the classification of the seized substance. According to the Ministry of Finance Department of Revenue Notification, 1,000 grams (1 kg) of ganja is considered a small quantity, while 20 kilograms or more is classified as a commercial quantity.

Since the quantity in this case was 15 kilograms, the court categorized it as an “intermediate quantity.” Judge B.S. Jayashree cited the Supreme Court’s ruling in the case of Birbal Prasad vs. State of Bihar (2018), which held that in cases involving non-commercial quantities where the accused has no other pending cases, bail should be considered.

The court noted that when the quantity is less than commercial, the stringent rigors of Section 37 of the NDPS Act—which sets a high bar for granting bail—do not apply. In such instances, the factors for bail become similar to those under regular criminal statutes.

Court Decision and Conditions for Release

The judge observed that the major portion of the investigation was complete as the contraband had already been seized and the voluntary statements of the accused were recorded. Since the offense is not punishable by death or life imprisonment, the court found no compelling reason to deny bail, provided stringent conditions were met.

The petitioners were ordered to be released on a personal bond of Rs. 1,00,000 each, along with two sureties for the like sum. The court imposed the following conditions:

1. The petitioners must mark their attendance before the Investigating Officer once a month, specifically on the first Monday.
2. They are prohibited from leaving the jurisdiction of the court without prior permission.
3. They must not tamper with prosecution witnesses or abscond from the proceedings.
4. They must cooperate fully with the investigation and appear on all hearing dates.
5. They must furnish photo ID proof and local address proof for themselves and their sureties.

The court concluded that any breach of these conditions would entitle the Investigating Officer to move for the cancellation of the bail. This ruling highlights the judicial emphasis on the specific weight of seized narcotics in determining the eligibility for bail under the NDPS Act.