In a notable judicial 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 Rizwan (Accused No. 1). The case, registered by the Amruthahalli Police Station under Crime No. 276/2022, involves offences punishable under Section 22(B) of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985. The order reaffirms established legal principles regarding non-commercial contraband quantities, confirming that intermediate and small quantities do not trigger the strict statutory bail restrictions under Section 37 of the NDPS Act.

Background of the Case

The criminal proceedings commenced on November 22, 2022, when the Police Inspector (PI) of Amruthahalli Police Station received credible information at around 6:45 PM. An informant reported that four to five individuals in a two-wheeler and an autorickshaw were selling ganja to the public on Sindhi College Road within the station’s jurisdiction.

After recording the information in the Station House Diary, notifying the Assistant Commissioner of Police (ACP), and obtaining permission to conduct a raid, the complainant officer and his team rushed to the location. They surrounded six individuals moving suspiciously. While one suspect (Sharavana) managed to flee, the police intercepted five persons: Rizwan, Chetan, Harish, Harbaaz, and Venkat.

A search of the bags carried by the suspects yielded 100 grams of ganja each (totaling 500 grams). Additionally, 2 grams of MDMA was found in the bag held by Rizwan (Accused No. 1). The contraband was seized under a spot seizure mahazar, and Crime No. 276/2022 was registered under Section 22(B) of the NDPS Act. The petitioner—a 34-year-old resident of Hebbal, Kempapura, Bengaluru—was arrested and remanded to judicial custody.

Contentions of the Petitioner

Represented by advocate Sri Anil Kumar, Rizwan filed a bail petition under Section 439 of the Code of Criminal Procedure (Cr.P.C.) urging the following grounds:

• Innocence and False Implication: The petitioner asserted that he was an innocent, law-abiding citizen with no knowledge of the alleged crime and had been falsely implicated by the police.
• Procedural Non-Compliance: It was contended that mandatory statutory safeguards under Section 50 as well as Sections 41, 42, 52, and 47 of the NDPS Act were not complied with during search and recovery operations.
• Non-Commercial Quantity: The defense emphasized that the seized quantity of 2 grams of MDMA and 100 grams of ganja fell well below the commercial threshold.
• No Criminal Antecedents: The petitioner stated that he had no bad antecedents and was the sole earning member of his family.
• Willingness to Comply: Being a permanent resident of Bengaluru, he offered to furnish reliable sureties and abide by any conditions imposed by the court to secure his release.

Objections by the Prosecution

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

• Seizure of Contraband: The investigating agency seized 2 grams of MDMA and 500 grams of ganja across the accused persons under a spot panchanama, with MDMA directly recovered from Accused No. 1.
• Severity of Punishment: The alleged offence carries rigorous imprisonment for a term extending up to 10 years along with a fine.
• Risk of Flight and Re-offending: Alleging that the petitioner was a habitual drug dealer, the prosecution argued that granting bail would risk him absconding, tampering with evidence, or frustrating the ongoing investigation.

Judicial Findings and Legal Analysis

The presiding judge, Smt. B.S. Jayashree, evaluated the prosecution records and centered the analysis on whether the contraband quantity triggered the strict bail restrictions under 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:

• MDMA Thresholds (Sl. No. 134): Small quantity is up to 0.5 grams; commercial quantity is 10 grams or more.
• Ganja Thresholds (Sl. No. 55): Small quantity is up to 1 kilogram; commercial quantity is 20 kilograms or more.

The court observed that the 2 grams of MDMA recovered from the petitioner falls between 0.5 grams and 10 grams, placing it in the intermediate quantity category, while the ganja seized constituted a small quantity.

Non-Applicability of Section 37 Rigors

Judge B.S. Jayashree observed:

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 regular statutory considerations under the Cr.P.C. unless exceptional adverse circumstances are demonstrated by the prosecution.
3. The major portion of the investigation was complete as the incriminatory contraband had already been seized and the petitioner’s voluntary statement recorded.
4. The alleged offence does not carry penalties of death or life imprisonment, making further custodial interrogation unnecessary.
5. Prosecution fears regarding flight risk or trial delay can be adequately compensated by imposing stringent bail conditions.

Final Order and Terms of Bail

Answering Point No. 1 in the affirmative, the court allowed Crl.Misc.No.11889/2022 on December 13, 2022, ordering the release of Rizwan on regular bail.

Key Conditions Imposed:

1. Personal Bond: The petitioner must execute a personal bond for Rs. 1,00,000/- with two sureties for the like sum.
2. Police Station Attendance: He must report 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: He shall not leave the court’s jurisdiction without prior permission.
4. Non-Interference: He must not tamper with prosecution witnesses or abscond.
5. Investigation Cooperation: He must fully cooperate with the Investigating Officer during the investigation.
6. No Re-Offending: He shall not commit similar offences or any crime while on bail.
7. Identity Verification: He must furnish photo ID proof and local address proof documents for himself and his sureties.
8. Court Appearance: He must appear before the court on all scheduled hearing dates.

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