BENGALURU – The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) has granted bail to 23-year-old Manikanta, popularly known as “Gowdanapalya Mani,” who was arrested by the Subramanyapura Police in connection with an illegal ganja trade case. The court’s decision rested significantly on the classification of the seized contraband as a “small quantity” under the NDPS Act.

The order was delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge, on December 3, 2022. The petitioner had been in judicial custody for over five months following his arrest in June earlier that year.

Background of the Subramanyapura Police Raid

The case, registered under Crime No. 203/2022, originated from a report filed by the Police Sub-Inspector (PSI) of Subramanyapura Police Station. On June 28, 2022, at approximately 10:00 a.m., law enforcement received credible intelligence regarding the illegal sale of narcotics near the Patalamma Temple on the Uttarahalli-Kengeri Main Road.

Acting on this information and after obtaining necessary permissions from superior officers, a police team conducted a raid and apprehended Manikanta at the spot. During a personal search, the officers recovered 1 kilogram and 350 grams of ganja. A detailed seizure panchanama was drawn up, leading to the registration of a case under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act.

Arguments Presented by the Defense and Prosecution

The legal representative for Manikanta argued that the petitioner was a law-abiding citizen with no previous criminal record and was the sole breadwinner for his family. The defense contended that Manikanta was “falsely implanted” in the case by the police and that he had no knowledge of the alleged crime. Furthermore, the defense highlighted that mandatory legal procedures, specifically Section 50 of the NDPS Act—which outlines the requirements for a personal search—were not strictly followed.

On the other hand, the Public Prosecutor opposed the bail plea, characterizing Manikanta as a “habitual drug dealer.” The prosecution argued that 1.350 kg of ganja should be treated as an “intermediary” quantity and expressed concerns that the accused might abscond or interfere with the investigation if released.

The Judicial Threshold: Small Quantity vs. Commercial Quantity

A pivotal point in the court’s reasoning was the statutory classification of the narcotic substance. Under the Ministry of Finance Department of Revenue Notification dated October 19, 2001, the weight of the seized substance determines the severity of the legal restrictions on bail.

For ganja:

• Small Quantity: Up to 1,000 grams (1 kg)
• Commercial Quantity: 20 kilograms or more

The court noted that while 1.350 kg is slightly above the 1 kg small quantity threshold, it is significantly far from the 20 kg commercial quantity threshold. Citing the Supreme Court’s ruling in Birbal Prasad Vs. State of Bihar, the Judge observed that when a quantity is not “commercial,” the rigorous conditions of Section 37 of the NDPS Act—which makes it extremely difficult for an accused to get bail—do not apply.

Final Verdict and Bail Conditions

The court observed that Manikanta had no prior criminal antecedents and that the major portion of the investigation was already concluded since the incriminatory material had been seized. Judge Jayashree noted that custodial interrogation was no longer warranted and that the apprehension of the prosecution regarding the accused absconding could be mitigated by imposing strict conditions.

Manikanta was ordered to be released on a personal bond of Rs. 1,00,000 with two sureties of a similar amount. The court imposed the following conditions for his release:

• The petitioner shall not leave the jurisdiction of the court without prior permission.
• He shall not tamper with prosecution witnesses or commit any similar offences while on bail.
• He must furnish photo identification for himself and his sureties.
• Any breach of these conditions will lead to the automatic cancellation of the bail.

With this order, Manikanta @ Gowdanapalya Mani is set to be released from the Central Prison, pending the conclusion of his trial.