The XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS in Bengaluru has granted bail to 22-year-old Sathender S, who was arrested for allegedly cultivating ganja plants in a vacant plot next to his residence. The order, passed by Smt. B.S. Jayashree on August 19, 2022, emphasizes that the quantity of narcotics seized was not “commercial,” thereby allowing the court to apply regular bail standards rather than the more stringent restrictions of the Narcotic Drugs and Psychotropic Substances Act.

Sathender S, a resident of Cheemasandra Village in Bengaluru East, was booked by the Avalahalli Police under Section 20(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Section 20(a) specifically deals with the cultivation of the cannabis plant.

The Allegation: Cultivating Ganja in a Vacant Plot

According to the prosecution, on August 2, 2022, the Police Sub-Inspector of Avalahalli Police Station received credible intelligence that Sathender had grown ganja plants near his house in K.R. Defence Colony. Upon conducting a raid, the police discovered 4 to 5 ganja plants in the adjacent vacant space.

The police uprooted the plants and weighed them, finding a total weight of 5 kilograms and 100 grams. The plants were seized under a panchanama, and Sathender was arrested and remanded to judicial custody.

Defense vs. Prosecution Arguments

The petitioner’s legal counsel argued that Sathender was innocent and had been falsely implicated. They contended that the mandatory procedural requirements of the Narcotic Drugs and Psychotropic Substances Act, 1985—specifically sections 41, 42, 50, and 52 regarding searches and arrests—had not been followed. The defense also pointed out that there were no eye-witnesses to any alleged sale of drugs and that the quantity seized did not meet the “commercial” threshold.

The Public Prosecutor opposed the bail, labeling the petitioner a “habitual drug dealer” and arguing that the offence was heinous, carrying a potential sentence of up to 10 years. The prosecution expressed fears that the accused might abscond or hamper the investigation if released.

The Court’s Reasoning: The “Intermediate Quantity” Rule

The court’s decision hinged on the weight of the seized plants. Under the Ministry of Finance Notification S.O.1055(E), for ganja, a “small quantity” is 1,000 grams and a “commercial quantity” is 20 kilograms. The court classified the 5.1 kilograms seized in this case as an “intermediate quantity.”

Judge B.S. Jayashree noted that when the quantity is intermediate (less than commercial), the strict rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985—which usually mandates that a court must be satisfied the accused is not guilty before granting bail—do not apply. Instead, factors become similar to regular bail petitions.

Citing the Supreme Court’s ruling in Birbal Prasad Vs. State of Bihar (2018), where bail was granted for 14 kilograms of ganja, the court determined that Sathender was entitled to release. The judge observed that the investigation was largely complete as the plants had already been seized, and further custodial interrogation was not warranted.

Bail Conditions and Next Steps

The court allowed the petition under Section 439 of the Code of Criminal Procedure, 1973 (which deals with the special powers of the High Court or Sessions Court regarding bail). Sathender S was ordered to be released on a personal bond of Rs. 1,00,000 with two sureties of the same amount.

The bail is subject to several conditions:

• The petitioner must attend the police station once a month (first Monday).
• He must not leave the court’s jurisdiction without permission.
• He must not tamper with witnesses or commit any other offences while on bail.
• He must cooperate with the investigation and appear for all court hearing dates.

The court warned that any breach of these conditions would lead to the immediate cancellation of the bail.