In a notable order delivered by the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases at Bengaluru, the court allowed the bail application filed by Praman Tiwari (Accused No. 5). The case, registered by the Narcotics Control Bureau (NCB), Bengaluru Zonal Unit, under NCB Cr. No. 48/1/24/2022/BZU, involves allegations under Sections 8(c) read with 20(b)(ii)(A), 22(b), 23(a)(b), 27, 27(A), 28, and 29 of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985. The order reaffirms key judicial guidelines governing contraband classification, confirming that intermediate and small quantities of imported psychotropic substances do not attract the strict bail bar under Section 37 of the NDPS Act.

Background of the Case

The case originated on November 4, 2022, when NCB officers received credible intelligence regarding international parcels containing narcotics arriving at the Foreign Post Office in Bengaluru. Inspections revealed two postal shipments sent from Oregon, United States:

• Shipment No. UA935905620US: Contained 35 grams of Hydro Ganja.
• Shipment No. CE985425250US: Contained 142 grams of Hydro Ganja and 7 grams of Psilocybin Mushrooms.

After securing authorization for a “controlled delivery” operation from NCB Headquarters in New Delhi, dummy parcels were dispatched to the designated delivery addresses with the assistance of local postal authorities.

Initial delivery attempts on November 5, 2022, were unsuccessful as the recipient at Singasandra, Praman Tiwari, was out of town attending a relative’s funeral ceremonies. On November 7, 2022, during a second delivery attempt, two individuals (Hrishikesh P. Nayak and Suhas Shankar) arrived to collect the parcel on behalf of the recipient. Their interception led NCB officers to apprehend co-accused Ekarya Gupta, Aadish Bohra, and subsequently Praman Tiwari (Accused No. 5).

The NCB alleged that Praman Tiwari was a mastermind who booked high-grade narcotics over the Darknet using cryptocurrency and foreign suppliers, subsequently distributing them to local buyers for profit.

Contentions of the Petitioner

Represented by advocate Sri Sathyanarayana S. Chalke, Praman Tiwari (aged 22, resident of Singasandra, Bengaluru, and native of Mirzapur, Uttar Pradesh) filed a regular bail petition under Section 439 of the Code of Criminal Procedure (Cr.P.C.) urging the following grounds:

• Innocence and Lack of Direct Nexus: The petitioner asserted he was innocent, had no knowledge of the shipment, did not personally book the parcel, and was falsely implicated based on uncorroborated disclosures.
• No Direct Physical Seizure: No contraband was recovered directly from his physical possession during his personal search; the initial recovery occurred at the Foreign Post Office.
• Classification of Quantity: The total contraband alleged—177 grams of Hydro Ganja and 7 grams of Psilocybin Mushrooms—did not constitute a commercial quantity under the NDPS Act.
• No Criminal Antecedents: The 22-year-old job seeker stated he had no bad antecedents and was the sole earning member of his family.
• Willingness to Comply: Expressing readiness to offer reliable sureties, he undertook to abide by all conditions imposed by the court.

Objections by the Prosecution

The prosecution, represented by the Public Prosecutor, strongly opposed the bail petition on the following grounds:

• Controlled Delivery and Darknet Linkage: The petitioner arrived alongside co-accused to collect the controlled delivery parcel bearing his address.
• Mastermind Allegations: The NCB alleged that the petitioner actively used Darknet platforms to import high-potency drugs from the USA, financing and orchestrating sales to friends and local consumers.
• Gravity of Offences: The charges involve international import/export under Section 23 and financing/harboring under Section 27A, punishable with rigorous imprisonment up to 10 years along with heavy fines.
• Risk of Absconding: The prosecution argued that if released, the petitioner would abscond, tamper with digital evidence, or frustrate further investigation into the drug syndicate.

Legal Analysis and Judicial Findings

The presiding judge, Smt. B.S. Jayashree, carefully evaluated the prosecution records and centered the analysis on whether the seized quantities triggered the strict restrictions of Section 37 of the NDPS Act.

Classification of Contraband Quantities

As per Notification S.O.1055(E) issued by the Ministry of Finance (Department of Revenue) on October 19, 2001:

1. Hydro Ganja (Sl. No. 55):
   • Small Quantity: Up to 1,000 grams (1 kg).
   • Commercial Quantity: 20 kilograms or more.
   • Seized: 177 grams (classified as small quantity).
2. Psilocybin Mushrooms (Sl. No. 145):
   • Small Quantity: Up to 2 grams.
   • Commercial Quantity: 50 grams or more.
   • Seized: 7 grams (classified as intermediate quantity).

The court observed that because the maximum weight fell into the intermediate quantity category, the overall seizure remained below commercial thresholds.

Non-Applicability of Section 37 Rigors

The court relied on the Supreme Court judgment in Birbal Prasad v. State of Bihar (2018 11 SCC 488), applying its legal ratio to hold that:

1. When the quantity of contraband seized is less than commercial quantity, the strict rigors of Section 37 of the NDPS Act do not apply.
2. Factors governing bail revert to standard principles under the Cr.P.C. unless exceptional circumstances are demonstrated by the prosecution.
3. The incriminatory contraband had already been seized during the controlled delivery operation.
4. The petitioner’s voluntary statement under Section 67 had been recorded, and further custodial interrogation was no longer required.
5. The alleged offences do not carry penalties of death or life imprisonment.
6. Concerns regarding flight risk or trial delay can be effectively mitigated through stringent bail conditions.

Final Order and Terms of Bail

Answering Point No. 1 in the affirmative, the court allowed Crl.Misc.No.11411/2022 on November 29, 2022, ordering the release of Praman Tiwari on regular bail.

Terms and Conditions Imposed:

1. Personal Bond & Sureties: Execution of a personal bond for Rs. 1,00,000/- with two sureties for the like sum.
2. Police Station Attendance: Reporting before the Investigating Officer once a month (preferably on the first Monday) between 10:00 AM and 2:00 PM until the filing of the charge sheet or further orders.
3. Jurisdictional Restrictions: Refraining from leaving the jurisdiction of the court without prior permission.
4. Non-Interference: Refraining from tampering with prosecution witnesses or absconding.
5. Investigation Cooperation: Fully cooperating with the Investigating Officer during investigation.
6. Prevention of Recidivism: Refraining from committing similar or any other offences while on bail.
7. Identity Verification: Submitting photo ID proof and local address proof documents for himself and his sureties.
8. Court Appearance: Attending court on all scheduled hearing dates.

The court explicitly noted that any breach of these conditions would result in immediate cancellation of the bail.