BENGALURU – The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to a 20-year-old youth named Santhosh, who was arrested by the Surya Nagar Police for alleged possession and sale of ganja. The court observed that since the quantity of the narcotic substance seized was not a “commercial quantity,” the stringent rigors of the NDPS Act regarding the denial of bail were not applicable in this instance.
The order was delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS). The petitioner, Santhosh, a resident of Jakkasandra, Bengaluru, had been in judicial custody following a police raid conducted in October 2022.
Background of the Surya Nagar Police Raid
The criminal law was set into motion following a report by the Assistant Sub-Inspector of Surya Nagar Police Station. According to the prosecution’s case, on October 28, 2022, the police received credible information regarding the sale of prohibited substances near the BMTC depot at Iggaluru village. The information suggested that individuals were peddling ganja on the Vakkil Layout road, adjacent to a railway track and an Anjaneya Temple.
After obtaining the necessary permissions from superior officers, including the Assistant Commissioner of Police and the Deputy Superintendent of Police, Anekal Sub-division, the police team conducted a raid. To confirm the activity, the police utilized a “decoy” who signaled the team once the sale of ganja was verified.
The police subsequently surrounded and apprehended two individuals, identified as Santhosh (the petitioner) and Mohammed Rafeeq. During the personal search conducted in the presence of a Gazetted Officer, the police allegedly found small packets of ganja in the pockets of the accused. The total weight of the seized contraband was recorded as 1 kilogram and 740 grams.
Legal Arguments and Seizure Classification
During the bail hearing, the counsel for the petitioner, Sri Nataraj D., argued that Santhosh was innocent and had been falsely implicated at the instance of extraneous elements. The defense contended that the mandatory provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985—which outlines the conditions under which a search of a person shall be conducted—had not been strictly followed. Furthermore, it was argued that Santhosh was the sole breadwinner for his family and had no prior criminal antecedents.
The Public Prosecutor opposed the bail, asserting that the accused was found in conscious possession of narcotic substances and that there was a prima facie case against him. The prosecution expressed concerns that the accused might abscond or hamper the ongoing investigation if released.
The “Intermediate Quantity” Rule
In its analysis, the court focused on the quantity of the drug seized. Under the Ministry of Finance Department of Revenue Notification, the classification of ganja is as follows:
- Small Quantity: Up to 1,000 grams (1 Kg)
- Commercial Quantity: 20 Kilograms and above
- Intermediate Quantity: Anything between 1 Kg and 20 Kg.
In the case of Santhosh, the seizure of 1 kilogram and 740 grams was classified as an “intermediate quantity.” Judge B.S. Jayashree noted that when the quantity is less than commercial, the strict “Twin Conditions” for bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, do not apply. Section 37 generally 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.
The court relied on the Supreme Court precedent in Birbal Prasad Vs. State of Bihar, which held that in cases involving non-commercial quantities where the accused has no prior record, bail should generally be granted pending trial.
Court Verdict and Conditions of Release
The court concluded that since the major portion of the investigation was complete and the incriminatory articles had already been seized, further custodial interrogation was unnecessary. The judge noted that the offense under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in this context, does not carry the death penalty or life imprisonment.
While allowing the petition under Section 439 of the Code of Criminal Procedure, 1973, the court enlarged Santhosh on bail subject to a personal bond of ₹1,00,000 with two sureties of the like sum. The court imposed the following conditions:
- The petitioner must mark his attendance before the Investigating Officer once a month, specifically on the first Monday, until the charge sheet is filed.
- He shall not leave the jurisdiction of the court without prior permission.
- He is strictly prohibited from tampering with witnesses or absconding.
- He must cooperate with the Investigating Officer for the remainder of the investigation.
- He shall not commit any similar offenses while out on bail.
- He must furnish proof of his local address and photo identification.
The court warned that any breach of these conditions would lead to the immediate cancellation of his bail. The case remains under the jurisdiction of the Surya Nagar Police as they prepare the final charge sheet for the trial.