In a notable judicial order passed on April 5, 2024, the XXXIV Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru (CCH-35), Sri G. Raghavendra, B.Sc., LL.M., allowed the regular bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) in Criminal Miscellaneous Petition No. 2961/2024. The court enlarged Brideshi Pradan (Accused) on regular bail in connection with Crime No. 15/2023-24/3710SIEI/371010 registered by the Excise Sub-Inspector-I, Range-13, Shivaji Nagar Sub Division-4, Bengaluru Urban District-2. The petitioner was facing prosecution for offences punishable under Sections 8(c) and 20(b)(ii)(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
Factual Background and Prosecution Allegations
The criminal proceedings commenced on March 23, 2024, when Sri Madhu Kantha B., Excise Sub-Inspector-I (ESI), Range-13, Shivaji Nagar, received credible intelligence via telephone from Sri Suraj Kumar Tapa, Inspector, RPF Passenger Security, Bengaluru Division.
Acting on the information, the ESI along with excise staff arrived at Platform No. 1 of the Bengaluru Cantonment Railway Station at approximately 11:00 AM. The officers spotted an individual standing suspiciously while holding a black trekking bag. Upon intercepting and questioning him, the suspect disclosed his identity as Brideshi Pradan, aged 21 years, son of Adwaith Pradan, residing at Juvaliyamba village, Niladri Prasad post, Kodra district, Odisha.
Upon inspecting the trekking bag, officers recovered three bundles wrapped in khaki-colored adhesive tape. Each bundle contained dry ganja weighing 1 kg, amounting to a total recovery of 3 kilograms. The ESI seized the contraband under a spot seizure mahazar, drafted a formal complaint, and registered Crime No. 15/2023-24/3710SIEI/371010 under Sections 8(c) and 20(b)(ii)(B) of the NDPS Act. The petitioner was subsequently arrested and remanded to judicial custody.
Arguments Advanced on Behalf of the Petitioner
Appearing on behalf of the applicant, learned advocate Sri M. Prabhakar presented grounds seeking regular bail under Section 439 Cr.P.C.:
- Claim of Innocence: The petitioner maintained that he was innocent of the alleged offence and had been falsely implicated by the investigating agency.
- Non-Capital Offence: The defence emphasized that the alleged offence under Section 20(b)(ii)(B) of the NDPS Act carries a sentence extending up to 10 years and is not punishable with death or life imprisonment.
- Non-Commercial Quantity: It was submitted that the recovery of 3 kg of ganja falls strictly below the commercial threshold, placing the matter outside the stringent bail restrictions under Section 37 of the NDPS Act.
- Under-Taking: The petitioner assured the court that he would cooperate with the investigation and abide by all conditions imposed.
Prosecution Objections
The Public Prosecutor filed detailed objections accompanied by the Investigating Officer’s report, contending that:
- Prima Facie Material: The petitioner was apprehended red-handed at a public railway station in possession of 3 kg of contraband.
- Flight Risk and Witness Interference: Since the petitioner hails from Odisha State, the prosecution expressed apprehension that if enlarged on bail, he might abscond, fail to appear for trial, or tamper with prosecution witnesses.
Judicial Analysis and Detailed Legal Reasoning
The Special Court examined the seizure records, statutory notifications, and legal provisions to determine Point No. 1: whether the petitioner satisfied the court that reasonable grounds existed to grant bail.
1. Classification of Contraband Quantity
The court referred to Notification S.O. 1055(E) dated October 19, 2001 (as amended), issued by the Central Government. Under Entry Sl. No. 55:
- Small Quantity for Ganja: Up to 1,000 grams (1 kg).
- Commercial Quantity for Ganja: 20 kilograms or more.
The court noted that the 3 kilograms of ganja recovered from the petitioner exceeds 1 kg but remains well below the 20 kg commercial limit, classifying it as an intermediate quantity.
2. Non-Applicability of Section 37 Statutory Rigors
Special Judge Sri G. Raghavendra analyzed the interplay between Section 37 of the NDPS Act and standard bail provisions under the Cr.P.C. Section 37 mandates strict twin conditions (requiring the court to believe the accused is not guilty) primarily for offences involving commercial quantities or specific sections (Sections 19, 24, and 27A).
For intermediate quantity offences under Section 20(b)(ii)(B) of the NDPS Act, the court clarified that Section 37(2) directs the evaluation back to general bail principles under Sections 437(1)(ii) and 437(3) of the Cr.P.C. Since the offence does not carry penalties of death or life imprisonment, and there were no prior convictions on record, the strict statutory bar against bail was not attracted.
3. Balancing Prosecution Concerns
Addressing the prosecution’s argument regarding the petitioner being a native of Odisha and posing a flight risk, the court held that such concerns could be effectively safeguarded by imposing mandatory statutory conditions under Section 437(3) Cr.P.C., including the submission of official identification documents.
It remains a settled principle of criminal jurisprudence that an order deciding a bail application is procedural and does not constitute an expression on the ultimate guilt or innocence of the accused, which remains subject to trial.
Final Bail Order and Imposed Conditions
Answering Point No. 1 in the affirmative, Special Judge Sri G. Raghavendra allowed the Criminal Miscellaneous Petition filed under Section 439 Cr.P.C. and ordered the release of Brideshi Pradan (Accused No. 1) on bail in Crime No. 15/2023-24/3710SIEI/371010, upon executing a personal bond for Rs. 1,00,000/- (Rupees One Lakh only) with one surety for the like sum, subject to the following terms:
- The Petitioner / Accused No. 1 shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
- The Petitioner / Accused No. 1 shall cooperate with the Investigation Officer (I.O) for investigation.
- The Petitioner / Accused No. 1 shall regularly appear before the court.
- The Petitioner / Accused No. 1 shall produce a copy of his government-issued photo ID card before the court.
- The Petitioner / Accused No. 1 shall not commit any offences similar to the offence of which he is accused or any other offences.
- Breach of any of the conditions by the Petitioner / Accused No. 1 would entail cancellation of bail.