The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to Sanjay Barohi, who was arrested by the Cottonpet police for alleged possession and sale of cannabis. The order, delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, underscores the judicial distinction between “commercial” and “intermediate” quantities of narcotics when determining the eligibility for bail.

Sanjay Barohi, a 35-year-old native of West Bengal currently residing in Bengaluru, was apprehended on December 9, 2022. The case was registered under Crime Number 190/2022 of the Cottonpet Police Station for offenses punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The Case Background and Police Raid

According to the prosecution, the PSI of Cottonpet Police Station received credible information on December 9, 2022, regarding an individual selling illegal contraband at Peer Boundary. Acting on this tip, the police official obtained necessary permissions from higher officers and organized a raid.

The police team, accompanied by independent witnesses known as panchas, conducted surveillance at the spot. They observed a person selling small packets of ganja from a plastic cover. The team surrounded and apprehended the individual, who identified himself as Sanjay Barohi. Upon inspection, the police found a plastic cover containing small packets of a substance later identified as ganja, weighing a total of 1 kilogram and 300 grams. A detailed seizure mahazar was drawn at the spot, and the accused was subsequently arrested.

Defense and Prosecution Arguments

The legal counsel for the petitioner, Sri Jagadeesha H., argued that Barohi was an innocent citizen with no criminal background who had been falsely implicated in the case. The defense contended that the police had failed to comply with the mandatory procedural requirements of the Narcotic Drugs and Psychotropic Substances Act, specifically Sections 41, 42, 50, and 52, which govern the methods of search, seizure, and arrest. The defense also pointed out that the quantity seized was not of a “commercial” nature and that Barohi, being the sole breadwinner of his family, should be released to prevent undue hardship.

Conversely, the Public Prosecutor opposed the bail plea, labeling the petitioner a habitual offender. The prosecution argued that 1 kilogram 300 grams of ganja was a significant amount and that its possession carried a potential punishment of rigorous imprisonment for up to 10 years. They expressed concerns that Barohi might abscond or tamper with evidence if released on bail, thereby hampering the ongoing investigation.

Judicial Analysis: Intermediate Quantity vs. Commercial Quantity

In its detailed reasoning, the court examined the specific weight of the contraband seized. According to the Ministry of Finance Department of Revenue Notification, 1,000 grams (1 kg) is considered a “small quantity” for ganja, while 20 kilograms or more is considered a “commercial quantity.”

Judge B.S. Jayashree noted that the 1 kilogram 300 grams seized from Sanjay Barohi falls into the “intermediate quantity” category. The court referenced a landmark Supreme Court decision in the case of Birbal Prasad vs. State of Bihar (2018), which held that in cases involving non-commercial quantities where the accused has no other pending cases, bail should generally be granted pending trial.

The court further observed that when a quantity is less than commercial, the strict rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act—which mandates that there must be reasonable grounds to believe the accused is not guilty—do not apply. Consequently, the criteria for bail revert to those used under regular statutes like the Code of Criminal Procedure.

Conditions of Release

The court concluded that because the incriminating article had already been seized and the major part of the investigation was finished, custodial interrogation was no longer necessary. To balance the interests of the state and the liberty of the accused, the court allowed the petition under Section 439 of the Code of Criminal Procedure, subject to the following conditions:

The petitioner must execute a personal bond for 1,00,000 Rupees with two sureties of the same amount. He is required to mark his attendance before the Investigating Officer once a month, specifically on the first Monday, until the charge sheet is filed. Barohi is prohibited from leaving the jurisdiction of the court without prior permission, must not tamper with witnesses, and must cooperate fully with the investigation. Furthermore, he must attend all hearing dates and is strictly forbidden from committing any similar offenses while out on bail. Any breach of these conditions will result in the immediate cancellation of his bail.