The Special Court for NDPS cases in Bengaluru has granted bail to Madhu Shil, a 32-year-old native of Tripura, who was arrested by the Kadugodi Police for allegedly possessing 7.5 kilograms of ganja. The order, delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, emphasized that the quantity seized fell under the “intermediate” category, making the accused eligible for bail under regular criminal procedure standards.

The petitioner, Madhu Shil, a resident of South Tripura, had been in judicial custody following a raid conducted by the police earlier this month. The case, registered under Crime No. 242/2022, alleged offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Details of the Arrest and Seizure

According to the prosecution’s report, the incident occurred on December 2, 2022. Acting on credible information regarding a person transporting contraband near the Hoodi Main Road Goodshed Railway Station, the Police Sub-Inspector (PSI) of Kadugodi Police Station conducted a raid. Upon mounting surveillance, the police apprehended a man carrying an air bag.

The individual was identified as Madhu Shil. Upon searching his baggage in the presence of witnesses (panchas), the police discovered packets containing ganja leaves weighing approximately 7.5 kilograms. The police subsequently arrested the accused, seized the contraband under a detailed mahazar, and registered a formal case.

Arguments Presented in Court

The counsel for the petitioner, Sri Jagadeesha H., argued that Madhu Shil was an innocent, law-abiding citizen who had been falsely implicated. The defense contended that the mandatory provisions of Section 50 of the NDPS Act, which governs the conditions of personal search, were not strictly followed. Furthermore, the defense emphasized that there were no independent eye witnesses to verify the alleged sale of the contraband. They highlighted that Shil is the sole breadwinner for his family and posed no flight risk.

The Public Prosecutor strongly opposed the bail plea, characterizing the petitioner as a habitual drug dealer. The state argued that the seizure of 7.5 kilograms of ganja was a serious offence punishable by up to 10 years of rigorous imprisonment. The prosecution expressed concerns that if released, the petitioner, hailing from a distant state like Tripura, might abscond and hamper the ongoing investigation.

The Court’s Reasoning

In her analysis, Judge B.S. Jayashree examined the quantity of the drug seized in relation to the legal thresholds defined by the Ministry of Finance. Under current regulations, 1 kilogram of ganja is considered a “small quantity,” while 20 kilograms or more is classified as a “commercial quantity.”

The court noted that the 7.5 kilograms seized from Madhu Shil falls into the “intermediate quantity” category. The judge cited a precedent from the Supreme Court (Birbal Prasad vs. State of Bihar), which held that in cases involving non-commercial quantities where the accused has no prior criminal record, bail should generally be considered pending trial.

The court further observed that the rigors of Section 37 of the NDPS Act—which sets a very high bar for bail in cases involving commercial quantities—do not apply in this instance. Since the major portion of the investigation was concluded with the seizure of the contraband and the recording of the voluntary statement, the court found no necessity for continued custodial interrogation.

Terms of the Bail Order

The court allowed the petition and ordered the release of Madhu Shil on a personal bond of Rs. 1,00,000 with two sureties of the like sum. To safeguard the interests of the prosecution, the court imposed the following strict conditions:

• The petitioner must appear before the Investigating Officer once a month (on the first Monday) until the charge sheet is filed.
• He is prohibited from leaving the jurisdiction of the court without prior permission.
• He must not tamper with witnesses or attempt to abscond.
• He must cooperate fully with the ongoing investigation.
• He is strictly forbidden from committing any similar offences while out on bail.
• He must furnish valid photo identity proof for himself and his sureties.

The court concluded by stating that any breach of these conditions would lead to the immediate cancellation of the bail. The matter will now proceed to the next stage of trial as the police finalize the charge sheet.