BENGALURU – The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to 28-year-old Roshan Ahammed, who was arrested by the Mico Layout Police for allegedly selling ganja near a college in BTM Layout. The order, delivered by Smt. B.S. Jayashree, XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), on April 2, 2024, emphasized that the quantity of the seized contraband fell below the “commercial” threshold, thereby relaxing the stringent bail conditions typically associated with drug trafficking cases.
The petitioner, Roshan Ahammed, a resident of Gurappanapalya in BTM Layout, was seeking release from judicial custody in connection with Crime Number 115/2024. He faced charges under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Details of the Anti-Narcotics Raid
The case originated from an operation conducted by the Anti-Narcotic Wing of the Central Crime Branch (CCB), Bengaluru. According to the prosecution’s report, on March 26, 2024, at approximately 5:00 PM, the police received credible intelligence regarding the sale of narcotics in BTM 2nd Stage. The information suggested that a person operating a cement-colored Yamaha moped was distributing ganja to college students in front of a residence on 12th A Main Road.
Acting on this information and after obtaining requisite permissions from higher officials, the CCB team conducted a raid. They apprehended a suspect moving suspiciously on a two-wheeler bearing registration number KA 04 LP 8478. Upon questioning, the suspect, identified as Roshan Ahammed, allegedly admitted to possessing ganja within a bag.
The police conducted a search and seizure, recovering a quantity of ganja weighing 5 kilograms and 200 grams. A detailed mahazar (seizure memo) was drawn at the spot, and the accused was subsequently remanded to judicial custody.
Arguments Presented by the Defense and Prosecution
Counsel for the petitioner, Sri CKN, argued that Ahammed was innocent and had been falsely implicated in the case. The defense contended that the mandatory procedures for search and seizure under the Narcotic Drugs and Psychotropic Substances Act were not strictly followed. A primary pillar of the defense argument was that the quantity of 5.2 kilograms did not constitute a “commercial quantity” under the law, making the petitioner eligible for bail under regular criminal procedure standards.
The Public Prosecutor, representing the State, strongly opposed the bail plea. The prosecution argued that there was prima facie evidence against the petitioner and that the offense carried a severe penalty of rigorous imprisonment ranging from 10 to 20 years. The State expressed concerns that if released, the petitioner might tamper with evidence, threaten witnesses, or resume the sale of drugs, which “ruins the career of the younger generation.”
Judicial Analysis: Intermediate vs. Commercial Quantity
The court’s decision hinged on the specific classification of the quantity of ganja seized. Under the Narcotic Drugs and Psychotropic Substances Act, and the subsequent Ministry of Finance Notification S.O.1055(E) dated October 19, 2001, drug quantities are categorized into three tiers: Small, Intermediate, and Commercial.
For Ganja (Cannabis), the thresholds are:
- Small Quantity: Up to 1,000 grams (1 Kilogram)
- Commercial Quantity: 20 Kilograms and above
- Intermediate Quantity: Between 1 Kilogram and 20 Kilograms
In this case, the court noted that the seizure of 5.2 kilograms falls squarely into the Intermediate Quantity category.
The Judge relied on the precedent set by the Honorable Supreme Court of India in the case of Birbal Prasad Vs. State of Bihar (2018), where it was held that for non-commercial quantities, bail should generally be considered if the accused is not involved in other criminal cases.
The court observed that because the quantity was less than commercial, the “rigors of Section 37” of the Narcotic Drugs and Psychotropic Substances Act did not apply. Section 37 of the Narcotic Drugs and Psychotropic Substances Act normally requires the court to be satisfied that there are reasonable grounds to believe the accused is not guilty and is unlikely to commit any offense while on bail—a very high legal bar. Since this bar did not apply, the court treated the petition similarly to a regular bail application under Section 439 of the Code of Criminal Procedure, 1973.
Conditions of Release
Finding that the major portion of the investigation was concluded and that the offense did not carry a life or death sentence, the court allowed the petition. Roshan Ahammed was ordered to be released on a personal bond of Rs. 1,00,000 with two sureties.
The court imposed the following strict conditions:
- Attendance: The petitioner must appear before the Investigating Officer on the first Monday of every month until the charge sheet is filed.
- Jurisdiction: He must not leave the court’s jurisdiction without prior permission.
- Conduct: He is strictly prohibited from tampering with witnesses, absconding, or committing any further offenses while on bail.
- Identification: He must furnish photo identification and 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.