BENGALURU – The Special Court for Narcotic Drugs and Psychotropic Substances in Bengaluru has granted bail to 18-year-old Sham Michael, who was arrested by the Ashok Nagar Police for allegedly possessing and selling ganja near a prominent city mosque. The order, delivered by Smt. B.S. Jayashree, XXXIII Additional City Civil and Sessions Judge and Special Judge for Narcotic Drugs and Psychotropic Substances, emphasized that the quantity of the seized substance fell below the commercial threshold, making the accused eligible for release under specific judicial conditions.
The petitioner, a resident of LR Nagar, Bengaluru, had been in judicial custody following his arrest on July 16, 2022. He was charged under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Background of the Arrest and Raid
The prosecution’s case originated from a report submitted by a Police Sub-Inspector of the Ashok Nagar Police Station. On July 16, 2022, the police received credible intelligence that an individual was selling ganja near Ansari Masjid, located opposite Baldwin High School on Hosur Road.
After obtaining the necessary permissions from superior officers, a police team conducted a raid at the spot. During the operation, they apprehended Sham Michael. A personal search of the accused led to the recovery of 1 kilogram and 550 grams of ganja. The police subsequently drew a detailed seizure panchanama (legal record of evidence) and registered a case under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Arguments for and against Bail
Representing the petitioner, the defense counsel argued that Sham Michael was innocent and had no prior criminal record. The defense claimed the 18-year-old was the sole breadwinner for his family and suggested that the contraband might have been planted by extraneous elements. A key legal point raised was the non-compliance with mandatory procedural safeguards under Sections 41, 42, 50, and 52 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which govern search and seizure operations.
On the other hand, the Public Prosecutor strongly opposed the bail plea. The State argued that the accused was caught red-handed with narcotic substances and categorized him as a habitual dealer. The prosecution expressed concerns that if released, Michael might abscond or tamper with the ongoing investigation, given that the offense carries a potential rigorous imprisonment of up to 10 years.
The Court’s Reasoning: Intermediate vs. Commercial Quantity
In reaching its decision, the court focused on the specific quantity of the drug seized. Under the Ministry of Finance Department of Revenue Notification S.O.1055(E), for the drug “Ganja,” 1000 grams (1 kg) is considered a small quantity, while 20 kilograms is classified as a commercial quantity.
Judge B.S. Jayashree noted that the 1 kilogram and 550 grams seized from the petitioner qualifies as an “intermediate quantity.” The court referenced the Supreme Court of India’s decision in the case of Birbal Prasad vs. State of Bihar (2018), which established that when non-commercial quantities are involved and the accused is not a repeat offender, bail should generally be considered pending trial.
The court observed that because the quantity was not “commercial,” the stringent rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act—which makes bail extremely difficult to obtain—did not apply. Consequently, the case could be treated similarly to bail applications under the regular Code of Criminal Procedure, 1973.
Conditions of the Bail Order
The court concluded that since the contraband had already been seized and the petitioner’s voluntary statement recorded, his continued custodial interrogation was no longer necessary. To ensure his cooperation with the trial, the court imposed a set of strict conditions:
- Bond and Surety: The petitioner must execute a personal bond of 1,00,000 rupees with two sureties of the same amount.
- Attendance: He must appear before the Investigating Officer on the first Monday of every month between 10:00 am and 2:00 pm until the charge sheet is filed.
- Jurisdictional Restrictions: He is not permitted to leave the jurisdiction of the court without prior permission.
- Conduct and Cooperation: He is strictly prohibited from tampering with witnesses, absconding, or committing any similar offenses while on bail. He must also co-operate with the ongoing investigation.
- Documentation: He must furnish valid photo identification and local address proof for himself and his sureties.
- Mandatory Appearance: He must appear before the court on all scheduled hearing dates.
The Judge warned that any breach of these eight conditions would lead to the automatic cancellation of the bail. The order underscores the judicial balance between the severity of drug-related charges and the procedural rights of an accused individual when the quantity involved is not considered large-scale trafficking.