Bengaluru Special NDPS Court Grants Bail to Chirag Gowda in Ganja Seizure Case
The Court of the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS) in Bengaluru (CCH 33) has granted bail to Chirag Gowda in a case involving the seizure of Ganja (cannabis). The order, passed by Smt. B.S. Jayashree on August 29, 2022, allowed the petition filed under Section 439 of the Criminal Procedure Code (Cr.P.C.), thereby enlarging the accused on bail in Cr. No. 180/2022 registered by the J.P. Nagara Police Station for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The petitioner, Chirag Gowda, S/o Raghunath K.A., aged 25, who is a resident of J.P. Nagara, Bengaluru, and a permanent resident of Kolar District, was arrested following a raid by the police.
Details of the Police Action and Seizure
The case originated from a credible information received by the Sub-Inspector of Police (PSI) of J.P. Nagara PS on August 16, 2022, around 10:00 PM. The information suggested that a person had stored Ganja in a house in J.P. Nagar I Phase to sell to the public. After informing his superior officer and obtaining permission for a raid, the complainant, along with his staff and two independent witnesses (panchas), proceeded to the spot at about 10:45 PM.
The raiding team found a car bearing No. KA-53 MC 9583 parked in front of the petitioner’s house. According to the prosecution, the petitioner, upon enquiry, revealed his name and address and admitted to storing the Ganja for sale. The police conducted a detailed mahazar (spot inspection report) and seized a total of 2 kilograms and 200 grams of Ganja. While a personal search of the accused was conducted in the presence of the ACP, Jayanagar, no contraband was found on his person. Following the incident, a case was registered, and the accused was arrested and remanded to judicial custody.
Arguments for and Against Bail
The Petitioner’s Stand:
Chirag Gowda’s counsel, Sri Ananda B.V., argued that the petitioner was innocent and was falsely implicated in the crime. The defense contended that the mandatory provisions of the NDPS Act, particularly Section 50 (conditions under which search of persons shall be conducted), were not complied with. They emphasized that there were no eyewitnesses to the alleged sale and that the seized quantity, although a non-bailable offence, was not punishable with life imprisonment or the death sentence. The petitioner assured the Court of his willingness to abide by any conditions and furnish surety, highlighting his status as the sole bread earner for his family and his clean antecedents.
The Prosecution’s Objections:
The Public Prosecutor vehemently opposed the bail plea, citing the seizure of 2 Kg. 200 grams of Ganja as sufficient prima-facie evidence against the accused. The prosecution pointed out that the offence is punishable with rigorous imprisonment up to 10 years and alleged that the accused was a habitual drug dealer. The main apprehension expressed was that granting bail would lead to the petitioner absconding and tampering with the investigation.
Court’s Focus on ‘Intermediate Quantity’ and Section 37
The Special Judge, after a careful analysis of the rival contentions and the prosecution records, focused primarily on the quantity of the contraband seized and its classification under the NDPS Act.
The Court referred to the Ministry of Finance Notification S.O. 1055(E) dated October 19, 2001, which specifies the small and commercial quantities for various narcotic drugs. For Ganja, the specifications are:
- Small Quantity: 1,000 grams (1 Kg.)
- Commercial Quantity: 20,000 grams (20 Kgs.)
Since the quantity seized from Chirag Gowda was 2 Kg. 200 grams, the Court classified it as an intermediate quantity, falling between the small and commercial thresholds.
This classification was pivotal. The Court then referred to the decision of the Hon’ble Apex Court in Birbal Prasad Vs. State of Bihar (2018 11 SCC 488), where it was held that for a non-commercial quantity, the stringent rigours of Section 37 of the NDPS Act do not apply. Section 37 imposes strict conditions for granting bail when the quantity involved is commercial or greater than the specified commercial limit.
The Judge reasoned that since the seized Ganja was an intermediate quantity, the rigours of Section 37 of the NDPS Act would not attract, and the bail petition should be considered based on the normal principles applicable under regular statutes, unless exceptional circumstances were proven by the prosecution, which the Court found were not present.
Conclusion and Imposed Conditions
The Court further noted that the major portion of the investigation was concluded, as the incriminatory article had already been seized and the accused’s voluntary statement recorded, thus rendering further custodial interrogation unnecessary. Given the petitioner’s permanent residence status, the Court held that the prosecution’s apprehension of absconding could be compensated by imposing stringent conditions.
Accordingly, the petition was allowed. Chirag Gowda was enlarged on bail upon executing a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh Only) with two sureties for the like sum, subject to the following eight conditions:
- Attendance: The petitioner must appear before the concerned Investigating Officer (I.O.) once a month, preferably on the first Monday, between 10:00 AM and 2:00 PM, until the charge sheet is filed.
- Jurisdiction: He shall not leave the jurisdiction of the Court without prior permission.
- Conduct: He shall not tamper with witnesses or abscond.
- Cooperation: He must cooperate with the I.O. for the investigation.
- Future Offence: He shall not commit similar or any other offence while on bail.
- Court Dates: He shall appear before the court on all hearing dates.
- Proof: He shall furnish his photo ID proof and local address proof, along with the photo ID proof of his sureties, before the court.
- Cancellation: Breach of any of these conditions would result in the automatic cancellation of the bail.