Bengaluru, September 4, 2023 – The XXXIV Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, Sri. G. Raghavendra, granted regular bail to Bishnu Prasad Raita, a 22-year-old resident of Odisha, who was accused in a case involving the seizure of 17.3 kilograms of Ganja. The order, passed on September 4, 2023, pertains to Criminal Miscellaneous Petition No. 8429/2023, filed under Section 439 of the Code of Criminal Procedure, 1973.
The petitioner, Bishnu Prasad Raita, S/o Sombaru Raita, was arrested in connection with Crime No. 30/2023 registered by the Bengaluru Cantonment Railway Police Station for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
Details of the Incident and Allegations
The case against the petitioner stemmed from an operation conducted on August 19, 2023. According to the prosecution documents, a special team from the Byappanahalli Railway Police Station, led by a Police Sub-Inspector (PSI), was on a watch duty aboard Train No. 18463 – Prashanti Express. The team alighted at Platform No. 1 of Bangalore Cantonment Railway Station at 11:30 a.m.
The police observed a person, later identified as Bishnu Prasad Raita, sitting on a steel bench near a catering stall with a shoulder bag and a trolley bag kept under the bench. Upon questioning, the accused allegedly gave evasive answers before admitting that the bags contained Ganja. Following procedural notification of superior officers and the summoning of panchas (independent witnesses), a search was conducted.
The search resulted in the seizure of Ganja: 7 kgs 300 grams from the shoulder bag and 10 kgs from the trolley bag, totaling 17 kgs and 300 grams. The seizure was formalized under a mahazar, and a complaint was subsequently registered against Raita. The petitioner’s counsel, Sri. Mahesh Patil, argued that his client had been falsely implicated, that the mandatory provisions of the NDPS Act were not followed by the police, and that the offence was not punishable with death or imprisonment for life.
The Court’s Crucial Finding on Quantity
The core of the court’s decision rested on the legal classification of the seized Ganja quantity. Under the NDPS Act, the determination of the quantity—Small, Intermediate, or Commercial—is critical, as it dictates the severity of the punishment and the strictness of the bail conditions under Section 37 of the Act.
The court referred to the Specification of the Small and Commercial Quantity of Narcotic Drug or Psychotropic Substance (SO 1055 (E), dated 19.10.2021). As per this notification:
- Small Quantity for Ganja is specified as 1,000 grams (1 Kg).
- Commercial Quantity for Ganja is specified as 20 Kgs.
Given that the recovered quantity was 17 kgs, 300 grams, the court logically determined that it fell between the small and commercial quantity, classifying it as an Intermediate Quantity.
Applicability of NDPS Section 37
Section 37 of the NDPS Act imposes severe restrictions on the grant of bail, especially for offences involving a commercial quantity. For bail to be granted in such cases, the court must be satisfied on two difficult conditions: firstly, that there are reasonable grounds for believing the accused is not guilty of the alleged offence, and secondly, that the accused is not likely to commit any offence while on bail.
However, the court noted that the offence alleged against Raita—Section 20(b)(ii)(B)—is punishable with rigorous imprisonment for a term up to 10 years, and critically, it did not involve a commercial quantity. Therefore, the restrictive twin conditions under Section 37 were deemed inapplicable to the present case.
Bail Under Cr.P.C. Provisions
Since Section 37 was sidestepped, the court considered the bail application under the general provisions of the Code of Criminal Procedure (Cr.P.C.), specifically Section 437. The court found that the prosecution’s objections—that the accused might commit similar offences, tamper with witnesses, or abscond—could be adequately addressed by imposing suitable conditions under Section 437(3) of the Cr.P.C.
The court concluded that the petitioner was able to satisfy the requirement of showing “reasonable grounds for believing that he is not guilty of the alleged offence” at this stage, thus answering the main point of consideration in the affirmative.
Order and Conditions Imposed
The Criminal Miscellaneous Petition was allowed, and Bishnu Prasad Raita was ordered to be enlarged on bail upon executing a personal bond of Rs. 1,00,000/- (Rupees One Lakh), along with one surety for the like sum.
The bail was granted subject to the following stringent conditions to ensure cooperation and prevent misuse of the liberty:
- The Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
- The Petitioner shall cooperate with the Investigation Officer (I.O) for investigation.
- The Petitioner shall submit a copy of his Aadhaar Card.
- The Petitioner shall regularly appear before the court.
- The Petitioner shall not commit any offences similar to the offences of which he is accused or any other offences.
- Breach of any of the conditions would entail cancellation of bail.
The judgment emphasizes the importance of accurate classification of contraband quantity in NDPS cases, which determines whether the restrictive conditions for commercial quantity offenses are to be applied.