The XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases in Bengaluru has granted bail to two young men arrested in connection with a drug peddling case in Vijayanagar. The court ruled that since the quantity of drugs seized fell under the “intermediate” category rather than “commercial,” the stringent restrictions on bail under the NDPS Act did not apply.
Case Background and Arrest
The petitioners, 25-year-old Mohan Das and 24-year-old Gayas Pasha, both residents of Nagashettihalli and Sanjaynagar, were arrested following a raid conducted by the Vijayanagar Police on August 19, 2022.
According to the police report, a Sub-Inspector (PSI) on patrolling duty received credible information that four individuals were gathered near the Government First Grade College, beside Vijayanagar Club Road, with the intention of selling narcotics to the public. After obtaining the necessary permissions from higher officers, the police team conducted a raid and apprehended the suspects.
During the personal search of the accused, the police allegedly seized 5 grams of MDMA and 3 kilograms and 750 grams of Ganja. A detailed seizure panchanama was drawn at the spot, and the accused were subsequently remanded to judicial custody.
Arguments Presented in Court
The counsel for the petitioners argued that Mohan Das and Gayas Pasha were innocent law-abiding citizens who had been falsely implicated. The defense contended that the mandatory procedural requirements under Sections 41, 42, 50, and 52 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act were not followed during the recovery process. Most importantly, the defense highlighted that the quantity of the seized substances was not “commercial,” which significantly changes the legal threshold for granting bail.
The Public Prosecutor strongly opposed the bail plea, characterizing the petitioners as habitual drug dealers. The prosecution argued that the offenses carry a potential prison term of up to 10 years and that releasing the accused would pose a risk of them returning to the drug trade, absconding, or tampering with prosecution evidence.
The Court’s Legal Analysis
Judge B.S. Jayashree focused the court’s analysis on the specific weight of the seized drugs as per the Ministry of Finance Notification S.O.1055(E).
The court noted the following legal classifications:
- For Ganja: 1,000 grams is considered a small quantity, while 20 kilograms is a commercial quantity. The seized 3.750 kg is classified as an intermediate quantity.
- For MDMA: 0.5 grams is a small quantity, while 10 grams is a commercial quantity. The seized 5 grams is also classified as an intermediate quantity.
The judge referenced the Supreme Court of India’s decision in Birbal Prasad Vs. State of Bihar, which established that for non-commercial quantities, courts should generally lean towards granting bail if the accused has no prior criminal record and is ready to cooperate with the trial.
The court observed that when a seizure is less than the commercial threshold, the “rigors of Section 37 of the NDPS Act”—which makes bail extremely difficult to obtain—are not attracted. Instead, the court applies standard bail principles used in regular criminal statutes.
Final Decision and Bail Conditions
The court concluded that because the major portion of the investigation was complete and the contraband had already been seized, further custodial interrogation was unnecessary. The judge noted that the petitioners were permanent residents of Bengaluru and could be secured for trial through strict conditions.
The court ordered the release of Mohan Das and Gayas Pasha on a personal bond of Rs. 1,00,000 each, with two sureties of the like sum. The bail is subject to the following conditions:
- The petitioners must mark their attendance at the Vijayanagar Police Station once a month, specifically on the first Monday, until the charge sheet is filed.
- They are prohibited from leaving the jurisdiction of the court without prior permission.
- They must not tamper with prosecution witnesses or abscond.
- They must cooperate fully with the Investigating Officer.
- They are strictly prohibited from committing any similar offenses while on bail.
- They must furnish photo identity and address proofs for themselves and their sureties.
- They must appear before the court on all hearing dates.
The court warned that any breach of these conditions would lead to the immediate cancellation of their bail.