The Special Court for NDPS cases in Bengaluru has granted bail to a 27-year-old man, Pradeep, who was arrested in connection with the possession and sale of ganja. Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, delivered the order on August 22, 2022, observing that the quantity of the seized contraband did not meet the “commercial” threshold, thereby relaxing the stringent requirements for detention under the Narcotics Act.

The petitioner, Pradeep, a resident of Basaveshwaranagara and a native of Ramanagara, had been in judicial custody following a raid by the Rajagopalanagara Police. The case, registered as Crime No. 283/2022, involves charges under Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Details of the Police Raid and Seizure

The prosecution’s case was initiated following a report by the Police Sub-Inspector of Rajagopalanagara. According to the police records, credible information was received on August 4, 2022, regarding an individual selling narcotics in a vacant area near Kodava Samaj in IP Nagar. Upon receiving permission from higher officials, a raiding team was formed.

The police apprehended Pradeep at the spot. During a personal search conducted in the presence of panchas (witnesses), the investigating agency seized 1 kilogram and 200 grams of ganja. Following the seizure, a mahazar was drawn, and the accused was produced before the jurisdictional magistrate, who subsequently remanded him to judicial custody.

Arguments for the Petitioner

The counsel representing Pradeep argued that the accused was an innocent citizen with no criminal background. The defense contended that Pradeep had been falsely implicated at the instance of “extraneous elements” and that the mandatory procedural requirements under Sections 41, 42, 50, and 52 of the NDPS Act were not followed during the search and seizure.

The defense emphasized that there were no independent eyewitnesses to support the allegation of drug sales. Furthermore, the counsel highlighted that Pradeep is the sole breadwinner for his family and posed no risk of fleeing, as he is a permanent resident of Bengaluru. They argued that since the seized amount was not a commercial quantity, the rigorous bar for bail should not apply.

Prosecution Opposes Release

The Public Prosecutor strongly opposed the bail petition, asserting that the accused was caught red-handed with 1,200 grams of ganja. The state argued that the offense is a heinous crime against society and carries a punishment of up to 10 years of rigorous imprisonment. The prosecution labeled the petitioner as a habitual dealer and expressed concerns that if released, he would abscond or interfere with the ongoing investigation.

Judicial Reasoning and the “Intermediate Quantity” Rule

In its analysis, the court focused on the specific weight of the contraband. Under the Ministry of Finance Department of Revenue Notification, 1,000 grams (1 kg) of ganja is classified as a “small quantity,” while 20 kilograms or more is considered a “commercial quantity.”

The court noted that the 1,200 grams seized in this case falls into the “intermediate quantity” category. Judge B.S. Jayashree cited the Supreme Court precedent in Birbal Prasad vs. State of Bihar, which held that when a non-commercial quantity is involved and the accused has no prior criminal record, bail should generally be considered favorably.

The judge observed that since the quantity was below the commercial threshold, the strict rigors of Section 37 of the NDPS Act—which makes bail nearly impossible to obtain—were not applicable. The court found that because the major portion of the investigation was complete and the contraband was already in police custody, further custodial interrogation was unnecessary.

Terms and Conditions of the Bail

Granting the petition under Section 439 of the Cr.P.C., the court ordered the release of Pradeep upon the execution of a personal bond for Rs. 1,00,000 with two sureties of the same amount. To ensure cooperation, the court imposed several strict conditions:

1. Pradeep must mark his attendance at the Rajagopalanagara Police Station on the first Monday of every month until the charge sheet is filed.
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 other offenses while on bail.
4. He is required to furnish valid photo identity and address proof for himself and his sureties.
5. He must attend all court hearings without fail.

The court warned that any breach of these conditions would lead to the immediate cancellation of his bail. With this order, the court balanced the necessity of the legal process with the personal liberty of the accused in a case involving a non-commercial amount of narcotics.