The Special Court for Narcotic Drugs and Psychotropic Substances in Bengaluru has granted bail to 27-year-old Suhail Baig, who was arrested by the Srirampura Police for allegedly transporting Ganja in a luxury hatchback. The order, delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, highlighted that the quantity of the seized narcotic was an intermediate quantity, thereby relaxing the stringent bail conditions typically associated with drug trafficking.

The petitioner, Suhail Baig, a resident of Okalipuram, was booked under Section 8(c) and Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, along with Section 25 (1B) (b) and Section 4 of the Arms Act, 1959.

Details of the Srirampura Police Raid

According to the prosecution’s case, the criminal law was set in motion on November 2, 2022. A Police Sub-Inspector from Srirampura Police Station, while on patrolling duty, received credible intelligence regarding two individuals transporting contraband in a Swift car from Okalipuram toward Gayathrinagara.

Acting on the information, the police team mounted surveillance near the Ayyappa Swamy Temple. At approximately 4:00 PM, they intercepted a vehicle bearing registration number KA-51-N-3330. Upon searching the car’s trunk, officers discovered a plastic cover containing 1 kilogram and 700 grams of Ganja. The inmates of the car were identified as Suhail Baig and Prabhu alias Appu. The police seized the contraband, drew a detailed mahazar (seizure memo), and arrested the accused.

Arguments for the Defense and Prosecution

The petitioner’s counsel, Sri Mohammed Pasha C., argued that Suhail Baig was an innocent, law-abiding citizen who had been falsely implicated. The defense contended that the mandatory provisions under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, which governs the conditions of personal search, were not complied with. Furthermore, the defense highlighted that the quantity seized was not a “commercial quantity” and that the petitioner, being the sole earning member of his family, should be released pending trial.

The Public Prosecutor strongly opposed the bail plea, characterizing Baig as a “habitual drug dealer.” The state argued that the seizure of 1 kilogram 700 grams of Ganja established a prima facie case and that the offense carried a potential sentence of up to 10 years of rigorous imprisonment. The prosecution expressed concerns that the accused might abscond or hamper the ongoing investigation if released.

The Court’s Judicial Reasoning

In reaching its decision, the court conducted a detailed analysis of the quantity of the seized substance. According to the Ministry of Finance Notification S.O.1055(E), for Ganja:

• Small Quantity: Up to 1,000 grams (1 kg)
• Commercial Quantity: 20 kilograms and above

The court observed that 1.7 kilograms of Ganja falls under the “Intermediate Quantity” category. Judge B.S. Jayashree referred to the Supreme Court’s decision in Birbal Prasad vs. State of Bihar (2018), which held that in cases involving non-commercial quantities where the accused is not involved in other crimes, bail should generally be granted.

The judge noted that since the quantity was less than commercial, the “rigors of Section 37” of the Narcotic Drugs and Psychotropic Substances Act—which makes bail nearly impossible for drug offenders—do not apply. In such instances, the factors for bail become similar to regular criminal statutes under the Code of Criminal Procedure, 1973.

Final Order and Conditions of Release

The court found that the major portion of the investigation was concluded as the contraband was already seized and the voluntary statement of the accused recorded. Consequently, the court allowed the petition, directing the release of Suhail Baig on a personal bond of 1,00,000 Rupees with two sureties.

To ensure his appearance during trial, the court imposed the following strict conditions:

1. The petitioner must appear before the Investigating Officer once a month, preferably on the first Monday, until the charge sheet is filed.
2. He is prohibited from leaving the jurisdiction of the court without prior permission.
3. He must not tamper with prosecution witnesses or abscond from the legal process.
4. He must fully cooperate with the Investigating Officer for the remainder of the investigation.
5. He is prohibited from committing any similar or new offenses while on bail.
6. He must furnish photo ID proof and local address proof for himself and his sureties.
7. He must appear before the court on all hearing dates without fail.

The court warned that a breach of any of these conditions would entitle the state to seek the cancellation of his bail.