The XXXIII Additional City Civil and Sessions Court and Special Judge for NDPS in Bengaluru has granted regular bail to two individuals, Satisha and Harisha, who were arrested for the alleged sale of Ganja. The court, presided over by Smt. B.S. Jayashree, observed that the quantity of the narcotic substance seized fell under the “intermediate” category, which influenced the decision to allow the bail petition.
Background of the Byadarahalli Police Raid
The case, registered as Crime Number 426/2022, originated from a police operation conducted on August 24, 2022. According to the prosecution, the Police Sub-Inspector (PSI) of Byadarahalli received credible intelligence regarding the sale of contraband in an open space at Visweshwera Layout, located in front of KLE College.
Acting on this information, the police team mounted surveillance at the spot around 12:00 noon. They observed a person arriving on a two-wheeler with a bag, who then began interacting with individuals and selling small packets. To confirm the activity, the police employed a “decoy” constable to purchase Ganja. Once the transaction was signaled, the police surrounded and apprehended Satisha (Accused No. 1) and Harisha (Accused No. 2).
A search of the bag led to the recovery of 1 kilogram and 850 grams of Ganja. Following the seizure, the accused were booked under Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
Arguments for the Petitioners and Prosecution
The petitioners, represented by Advocate Lokesh M.Y., argued that they were innocent and had been falsely implicated. The defense contended that they had no knowledge of the crime and that the police had failed to comply with the mandatory search procedures outlined in Section 50 of the NDPS Act. They further emphasized that the accused are permanent residents with families to support and posed no risk of absconding.
The Public Prosecutor strongly opposed the bail, labeling the accused as habitual drug dealers. The state argued that there was a prima facie case against them and that releasing them would likely result in the tampering of evidence or a return to illegal drug trafficking.
Legal Classification of Narcotic Quantities
A central point in the court’s deliberation was the classification of the seized Ganja under the NDPS Act. According to the Ministry of Finance notification, the legal thresholds for Ganja are:
- Small Quantity: 1,000 grams (1 kg)
- Commercial Quantity: 20 kilograms or more
In this instance, the seizure of 1 kilogram and 850 grams was categorized as an intermediate quantity. Judge B.S. Jayashree cited the Supreme Court of India’s ruling in Birbal Prasad Vs. State of Bihar (2018), which noted that when the quantity involved is non-commercial, the court should lean toward granting bail unless exceptional circumstances exist.
The court observed that when the quantity is less than commercial, the stringent rigors of Section 37 of the NDPS Act—which make bail extremely difficult—do not strictly apply. Instead, the standards for bail become similar to those under regular criminal statutes.
Findings and Bail Conditions
The court noted that the major portion of the investigation was complete as the contraband had already been seized. Since the offense is not punishable by death or life imprisonment, and the petitioners’ voluntary statements had been recorded, the court found no further necessity for custodial interrogation.
To address the prosecution’s concerns, the court imposed several strict conditions to ensure the accused cooperate with the ongoing legal process. Satisha and Harisha were ordered to be released upon executing a personal bond of 1,00,000 rupees each with two sureties.
The following conditions were mandated:
- The petitioners must mark their attendance at the police station once a month (on the first Wednesday) until the charge sheet is filed.
- They are prohibited from leaving the jurisdiction of the court without prior permission.
- They must not tamper with prosecution witnesses or commit any similar offenses while on bail.
- They must furnish valid photo identity and local address proof for themselves and their sureties.
- Failure to comply with any of these terms will result in the immediate cancellation of the bail.
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