BENGALURU – A Special Court in Bengaluru has granted bail to a 45-year-old Nigerian national, Kanayo Josiah, who was arrested in connection with a narcotics distribution network involving Cocaine and Ecstasy (MDMA) pills. The order was passed by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, on December 22, 2022. The court observed that no drugs were recovered directly from the petitioner and the quantity seized from co-accused fell below the “commercial” threshold.
Background of the Case
The case originated from a raid conducted by the Amruthahalli Police on October 20, 2022. Based on credible information, police apprehended two individuals near Lumbini Garden who were allegedly found in possession of 3 grams of Cocaine and 15 Ecstasy pills. This led to the registration of Crime No. 253/2022 under Section 22(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and Section 14 of the Foreigners Act.
As the investigation expanded, several other suspects were arrested. The chain of events eventually led to the arrest of Accused No. 6, a woman named Matha, in Navi Mumbai. During her custodial interrogation, she allegedly named Kanayo Josiah (Accused No. 9) as her supplier, claiming she purchased drugs from him at a lower price to resell for profit. Acting on this statement, the Bengaluru police arrested Josiah at his residence in Mira Road, Mumbai, on December 7, 2022, and brought him to Bengaluru on a transit warrant.
Arguments for Bail
The legal counsel for Kanayo Josiah, Sri Viswanatha K.S., argued that the petitioner was falsely implicated based solely on the voluntary statements of co-accused, which are often recorded “at the whims and fancies” of the police. The defense emphasized that despite being taken into police custody, no incriminating articles or contraband were recovered from Josiah’s possession. Furthermore, it was argued that the mandatory procedural requirements for search and seizure under the NDPS Act were not strictly followed.
The prosecution, on the other hand, opposed the bail plea, characterizing Josiah as a “habitual drug dealer” and a key link in a trafficking chain. They expressed concerns that as a foreign national with a residence in Mumbai, he might abscond or hamper the ongoing investigation if released.
Judicial Analysis: Intermediate vs. Commercial Quantity
A significant factor in the court’s decision was the classification of the seized narcotics. Under the NDPS Act, the severity of bail conditions is largely determined by whether the quantity of the drug is “small,” “intermediate,” or “commercial.”
The court noted the following:
- Cocaine: The small quantity is 2 grams, and the commercial quantity is 100 grams. The 3 grams seized from the primary accused in this case qualifies as an intermediate quantity.
- MDMA (Ecstasy): The small quantity is 0.5 grams, and the commercial quantity is 10 grams. While 15 pills were seized, the Investigating Officer (IO) failed to provide a specific report on the net weight of the pills despite court directions.
Because the quantity of Cocaine was intermediate and the weight of the MDMA was not established as commercial, the court ruled that the stringent rigors of Section 37 of the NDPS Act—which makes bail extremely difficult—did not apply.
The Court’s Reasoning and Decision
Judge B.S. Jayashree observed that the entire case against Josiah was built on the statement of a co-accused, with no corroborative physical recovery from his person or residence. The court highlighted that Josiah had no previous criminal record and had already spent significant time in custody for interrogation.
“When the quantity is less than commercial quantity, the rigors of Section 37 of the NDPS Act will not attract, and factors become similar to bail petitions under regular statutes,” the Judge noted. The court found that the apprehension of the prosecution regarding the accused absconding could be addressed by imposing strict conditions rather than continued detention.
Terms of Release
The court ordered Kanayo Josiah to be released on a personal bond of Rs. 1,00,000 with two sureties of the same amount. To ensure his presence during the trial, the following conditions were imposed:
- He must mark his attendance at the Amruthahalli Police Station on the first Monday of every month.
- He is prohibited from leaving the jurisdiction of the court without prior permission.
- He must surrender his photo ID proof and ensure his sureties do the same.
- He must not tamper with witnesses or commit any similar offences while on bail.
The court warned that any breach of these conditions would lead to the immediate cancellation of his bail. This ruling reinforces the judicial principle that in the absence of commercial quantities and direct recovery, the right to liberty pending trial remains a priority.