The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to 26-year-old Shins Shaji, who was arrested in connection with the alleged possession and sale of Crystal Meth and Ganja. The order, delivered by Smt. B.S. Jayashree, XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), emphasized that the quantity of drugs seized from the petitioner did not reach the threshold of a “commercial quantity,” thereby allowing for a more liberal approach toward bail.
The petitioner, a resident of Horamavu, was apprehended by the Mahadevapura Excise Range Police and charged under various sections of the Narcotic Drugs and Psychotropic Substances Act, 1985, including Section 8(c), Section 20(b)(ii)(A), and Section 22(b).
Details of the Excise Raid and Seizure
The case against Shins Shaji (Accused No. 1) originated on December 17, 2022. According to the prosecution, the Excise Inspector of Mahadevapura Range received credible information at approximately 9:00 a.m. regarding a person in a black jacket intending to sell narcotics opposite a supermarket near the Munekollalu bus stop on Varthur-HAL Main Road.
Acting on this tip, an excise team mounted surveillance and intercepted a suspect who attempted to flee upon seeing the officials. Following his apprehension, the police searched his college bag and allegedly found a plastic box containing 9.70 grams of Methamphetamine, commonly known as Crystal Meth, and 330 grams of dry Ganja. Based on the voluntary statement of the accused, the investigation led to further proceedings against a second individual named Sagar.
Defense Contentions Regarding Procedural Lapses
Advocate Ajay Kumar V., appearing for the petitioner, argued that Shins Shaji was innocent and had been falsely implicated by the excise officials. The defense raised several critical points, including the allegation that the mandatory procedures under the Narcotic Drugs and Psychotropic Substances Act, 1985—specifically Section 41, Section 42, and Section 50 regarding searches—were not strictly followed.
Furthermore, the defense highlighted that Shins Shaji is a permanent resident of Bengaluru and that his continued detention in the Central Prison alongside hardened criminals would irreparably damage his career and future.
Prosecution’s Objection and Concerns for Youth
The Public Prosecutor strongly opposed the bail application, describing the offences as heinous. The state argued that 9.70 grams of Crystal Meth is a significant amount and that the accused intended to sell these substances to the younger generation, which could “ruin the careers of the youth.” The prosecution also noted that the investigation was ongoing and that a supplier involved in the network was still absconding. They expressed fears that the petitioner might abscond or tamper with witnesses if released.
Judicial Analysis: The “Intermediate Quantity” Rule
In her detailed reasoning, Judge B.S. Jayashree analyzed the weight of the seized contraband against the Ministry of Finance Department of Revenue Notification S.O.1055(E).
For Ganja:
- Small Quantity: Up to 1,000 grams.
- Commercial Quantity: 20 kilograms.
- The seized 330 grams is classified as an Intermediate Quantity.
For Methamphetamine (Crystal Meth):
- Small Quantity: Up to 2 grams.
- Commercial Quantity: 50 grams.
- The seized 9.70 grams is classified as an Intermediate Quantity.
The court noted that since the quantity was not “commercial,” the stringent “twin conditions” for bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, do not apply. Section 37 usually requires the court to be satisfied that there are reasonable grounds to believe the accused is not guilty before granting bail in commercial cases. However, for intermediate quantities, the standards revert to those of the Code of Criminal Procedure, 1973.
The court also pointed out several discrepancies in the prosecution’s paperwork, including inconsistencies in the recorded time of arrest and a clerical error showing the year 2020 instead of 2021 in the voluntary statement. These inconsistencies created a degree of doubt regarding the exact circumstances of the seizure.
Final Order and Conditions of Bail
Given that the investigation was largely concluded and the petitioner had no previous criminal record mentioned, the court granted bail under Section 439 of the Code of Criminal Procedure, 1973. Shins Shaji was ordered to be released upon executing a personal bond of 1,00,000 Rupees with two sureties of the same amount.
The court imposed the following conditions to ensure his presence at trial:
- The petitioner shall not leave the jurisdiction of the court without prior permission.
- He shall not tamper with witnesses or abscond.
- He must not commit any similar offences while on bail.
- He must furnish photo identification and address proof for himself and his sureties.
- He must appear before the court on all hearing dates without fail.
The ruling emphasizes that while drug-related offences are serious, the legal safeguards regarding the quantity of the substance and procedural accuracy must be upheld to protect the rights of the accused during the trial phase.