The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to 43-year-old Seenappa, a resident of Kolar District, following his arrest in a drug peddling case. The order, delivered by Smt. B.S. Jayashree, XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, highlighted that the quantity of drugs seized from the accused fell under the “intermediate” category rather than the “commercial” category, making him eligible for release.
The petitioner, a resident of Mulabagilu Taluk, was arrested on December 31, 2022, by the Basavanagudi Police. He was charged under Section 8(c) and Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Details of the Drug Peddling Raid at Ranoji Rao Lane
The case against Seenappa began on December 30, 2022, when a Head Constable of the Basavanagudi Police Station was on patrolling duty near Gandhi Bazar and RV Road. At approximately 12:50 PM, the officer spotted two individuals on Ranoji Rao conservancy lane who appeared to be selling contraband to college students and the general public.
The suspects were using a TATA Indica car and a two-wheeler to conduct their business. After mounting surveillance and confirming suspicious activity, the police team conducted a raid. Upon searching the back seat of the Indica car, the police discovered:
- 9 kilograms and 850 grams of Ganja.
- 970 grams of Hashish Oil.
The police seized the contraband and arrested the suspects at the spot. Seenappa was arrayed as Accused No. 1 in Crime Number 212/2022.
Defense Contentions and Prosecution Objections
Representing Seenappa, the defense counsel argued that the petitioner was a law-abiding citizen who had been falsely implicated. The defense contended that the mandatory search and seizure procedures under Section 41, Section 42, and Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, were not followed. Crucially, the defense argued that the quantity of drugs seized was below the “commercial” threshold, and since the petitioner had no criminal antecedents and deep roots in society, he should be granted liberty.
The Public Prosecutor strongly opposed the bail plea, emphasizing the harmful impact of drugs on the younger generation. The prosecution argued that nearly 10 kilograms of Ganja and nearly 1 kilogram of Hashish oil represented a significant amount of contraband. They expressed concerns that if released, Seenappa might abscond or return to similar illegal activities.
The Court’s Reasoning: Intermediate vs. Commercial Quantity
Judge B.S. Jayashree’s ruling centered on the legal classification of the seized drugs according to the Ministry of Finance Department of Revenue Notification S.O.1055(E).
For Ganja:
- Small Quantity: 1,000 grams (1 kg).
- Commercial Quantity: 20 kilograms.
- The seized 9.85 kg is categorized as Intermediate Quantity.
For Hashish Oil:
- Small Quantity: 100 grams.
- Commercial Quantity: 1 kilogram.
- The seized 970 grams is categorized as Intermediate Quantity.
The court referenced the Supreme Court of India’s decision in Birbal Prasad vs. State of Bihar (2018), which established that for non-commercial quantities, where the accused is not involved in other cases, bail should generally be considered. The judge noted that because the quantities were intermediate, the stringent “twin conditions” of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985—which often block bail for commercial seizures—did not apply here.
The court further observed that the investigation was largely complete as the incriminatory articles had already been seized, and custodial interrogation was no longer necessary.
Conditions for Release
Granting the petition under Section 439 of the Code of Criminal Procedure, 1973, the court ordered Seenappa’s release upon the execution of a personal bond for 1,00,000 Rupees with two sureties of the same amount. The following conditions were imposed:
- The petitioner must appear before the Investigating Officer once a month (first Monday) until the charge sheet is filed.
- He must not leave the jurisdiction of the court without prior permission.
- He is strictly prohibited from tampering with witnesses or absconding.
- He must cooperate fully with the investigation.
- He shall not commit any similar offences while on bail.
- He must furnish photo identity and address proof for himself and his sureties.
- He must appear before the court on every hearing date.
The court warned that any breach of these conditions would result in the immediate cancellation of his bail.