The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to 31-year-old Rambahadur Bist, the second accused in a cannabis peddling case registered by the Channarayapatna Police. The decision, delivered by Smt. B.S. Jayashree, Special Judge (NDPS), emphasized that the quantity of narcotics seized fell under the “intermediate” category, making the petitioner eligible for relief under regular bail principles.
The petitioner, a native of Nepal residing in Ayyappanagar, Bengaluru, was apprehended alongside two other individuals in August 2022. The court’s ruling underscores the critical legal distinction between small, intermediate, and commercial quantities of drugs when determining the liberty of an accused.
Details of the Channarayapatna Police Raid and Seizure
The criminal case, registered as Crime No. 72/2022, originated on August 10, 2022. According to the prosecution, the Police Inspector (PI) of Channarayapatna Police Station received credible intelligence at approximately 10:00 a.m. regarding three individuals selling ganja near Hittarahalli gate on Mandur Road.
After obtaining the necessary permissions from higher officers to conduct a raid, the police team mounted surveillance at the spot. At approximately 1:10 p.m., the team observed three suspicious persons carrying plastic covers and a bag, attempting to talk to passersby. Upon interception and enquiry, the individuals were identified as accused Nos. 1, 2 (the petitioner), and 3.
A search of their belongings revealed a mixture of ganja leaves, flowers, and seeds. Specifically, the police found 67 plastic covers and a handbag containing the contraband. The total weight of the seized ganja was recorded as 3 kilograms and 350 grams. While Rambahadur Bist was allegedly in possession of 2 kilograms and 600 grams, the remaining 750 grams were recovered from the other two accused. Following the seizure, the trio was arrested and remanded to judicial custody.
Arguments for and Against the Bail Petition
The petitioner’s counsel, Sri Babajan, argued that Rambahadur Bist was an innocent citizen who had been falsely implicated in the case. The defense contended that the story of conscious possession and seizure was fabricated by the investigating agency. They highlighted that the petitioner is a worker at the City Market and the sole breadwinner for his family. Furthermore, since the major portion of the investigation was complete and the incriminatory articles were already in police custody, the defense argued that further custodial interrogation was unnecessary.
The Public Prosecutor strongly opposed the bail plea, characterizing the accused as a “habitual drug dealer.” The prosecution raised concerns that since the petitioner is a native of Nepal and the other accused are from West Bengal, they posed a significant flight risk. The state argued that if released on bail, the petitioner might abscond to his native country or interfere with the ongoing investigation into the source of the drugs, which allegedly involved a supplier in Lakkandar village.
Judicial Reasoning and the “Intermediate Quantity” Rule
In its analysis, the court referred to the Ministry of Finance notification dated October 19, 2001, which defines the thresholds for ganja. Under the NDPS Act, 1,000 grams (1 kg) is considered a “small quantity,” while 20 kilograms is the threshold for a “commercial quantity.”
Judge B.S. Jayashree noted that the 3.350 kilograms seized in this case clearly falls into the “intermediate quantity” category. The court cited the Supreme Court’s ruling in Birbal Prasad Vs. State of Bihar (2018), which held that when the quantity involved is non-commercial, the court should consider releasing the accused on bail pending trial, especially if they have no other criminal involvements.
The judge observed that the “rigors of Section 37 of the NDPS Act,” which make bail extremely difficult for commercial quantities, do not apply here. Consequently, the case could be treated similarly to a regular bail petition. The court found that the prosecution’s fears regarding the petitioner absconding could be addressed through strict conditions rather than continued incarceration.
Final Order and Conditions of Release
The court allowed the petition under Section 439 of the Cr.P.C. and ordered the release of Rambahadur Bist on a personal bond of Rs. 1,00,000 with two sureties of the like sum. The following conditions were imposed to ensure his presence during the trial:
- The petitioner must appear before the Investigating Officer once a month, specifically on the first Monday, until the charge sheet is filed.
- He is prohibited from leaving the jurisdiction of the court without prior permission.
- He must not tamper with prosecution witnesses or commit any similar offenses while on bail.
- He must cooperate fully with the investigation and appear before the court on all hearing dates.
- He is required to furnish valid photo ID and local address proof for himself and his sureties.
The court warned that any breach of these conditions would lead to the immediate cancellation of his bail. This order provides a significant precedent on how intermediate quantities are viewed by special courts in Bengaluru.