The Special Court for NDPS cases in Bengaluru has granted bail to 33-year-old Malcolm Santhosh Kumar, who was arrested in connection with a drug peddling network operating in Richards Town and Frazer Town. The order was passed by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, on November 29, 2022. The court’s decision hinged on the fact that the quantity of psychotropic substances seized from the accused fell under the “intermediate” category rather than the “commercial” category.

The petitioner, Malcolm Santhosh Kumar, a resident of Vasanth Nagar, had been in judicial custody following his arrest in June 2022. He was named as Accused No. 2 in Crime No. 214/2022, registered by the Pulakeshinagar Police for offenses punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Case Background and Investigation

The criminal proceedings were initiated following a raid conducted on June 28, 2022. The Pulakeshinagar Police received credible information that a Nigerian national was selling narcotics near a park in Richards Town. The police apprehended Accused No. 1 and recovered 20 grams of MDMA crystals (later identified as Methamphetamine).

During the interrogation and recording of the voluntary statement of Accused No. 1, the police obtained several phone numbers of individuals involved in the purchase and distribution of the contraband. Based on this information, the police tracked down Malcolm Santhosh Kumar. On June 30, 2022, he was apprehended in front of Empire Hotel in Frazer Town, where 12 grams of Methamphetamine was allegedly seized from his possession.

Arguments Presented by the Defense and Prosecution

The counsel for the petitioner argued that Malcolm Santhosh Kumar is a law-abiding citizen who had been falsely implicated. A key technical argument raised was based on the Forensic Science Laboratory (FSL) report and the weight of the seized drugs. The defense pointed out that while the police initially claimed the substance was MDMA, the FSL report confirmed it was Methamphetamine.

The defense emphasized that for Methamphetamine, 50 grams is considered a commercial quantity. Since only 12 grams were seized from the petitioner, it constitutes an intermediate quantity. It was further argued that since the investigation was complete and the charge sheet (Spl.C.C. 2764/2022) had already been filed, there was no need for continued custodial detention.

The prosecution, however, opposed the bail plea, labeling the petitioner a habitual drug dealer. They argued that the accused targeted students and IT/BT employees, and if released, he might continue his illicit profession, tamper with evidence, or abscond.

Judicial Reasoning and the ‘Intermediate Quantity’ Rule

In its analysis, the court referred to the Ministry of Finance Department of Revenue Notification regarding small and commercial quantities. The court confirmed that the 12 grams of Methamphetamine seized from the petitioner was indeed an intermediate quantity.

The Judge cited the Supreme Court’s ruling in Birbal Prasad vs. State of Bihar, noting that in cases involving non-commercial quantities where the investigation is complete, the rigors of Section 37 of the NDPS Act—which makes bail extremely difficult to obtain—do not apply. In such instances, the court applies standard bail principles unless exceptional circumstances are presented by the prosecution.

The court observed that the petitioner has a permanent residence in Bengaluru and that the apprehension of him absconding could be mitigated by imposing stringent conditions.

Conditions of the Bail Order

The court allowed the petition and ordered the release of Malcolm Santhosh Kumar upon the execution of a personal bond of Rs. 1,00,000 with two sureties. The bail is subject to the following conditions:

1. The petitioner must attend the office of the Investigating Officer once a month, specifically on the first Monday.
2. He is prohibited from leaving the jurisdiction of the court without prior permission.
3. He must not tamper with prosecution witnesses or commit any similar offenses while on bail.
4. He must cooperate with the investigation and appear before the court on all hearing dates.
5. He must provide valid photo ID and local address proof for himself and his sureties.

The court concluded that any breach of these conditions would entitle the prosecution to move for the cancellation of the bail. With the filing of the final report and the granting of this bail, the case now moves toward the trial stage.