The Court of the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases at Bengaluru, presided over by Smt. B.S. Jayashree, allowed the bail petition filed by 65-year-old Manoranjan Makud under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The petitioner was arrested and remanded to judicial custody in Crime No. 06/2022 registered by the Excise Sub-Division, Anekal Police Station, for offences punishable under Sections 8(c), 20(b)(ii)(a), and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Background and Allegations of the Prosecution

The criminal proceedings were initiated based on a report submitted by the Excise Inspector of BUD-08, Bengaluru. On July 28, 2022, at around 12:15 PM, following directions from the Excise Joint Commissioner, an excise team was constituted to carry out a raid based on credible intelligence indicating that narcotics were being sold at a betel leaf (beeda) shop named Sarvamangala, located at Vaderamanchanahalli, Kallubalu post, Jigani Hobli, Anekal Taluk.

Upon conducting a search of the shop, excise officials recovered multiple brands of bhang tablets: 80 small packets of Monaka brand bhang tablets weighing 378 grams, Mahakala Monaka brand bhang tablets weighing 195 grams, and Charminar Gold bhang tablets weighing 160 grams. The total quantity of contraband seized amounted to 733 grams of ganja bhang tablets. The petitioner, Manoranjan Makud, who was running the shop, was arrested at the scene, and the articles were seized under a panchanama.

Submissions of the Parties

Advocate Sri V.S.P., appearing for petitioner Manoranjan Makud, argued before the Special Court that the petitioner was an innocent, law-abiding senior citizen who had been falsely implicated. It was submitted that the seized quantity of 733 grams fell below the threshold for small quantity under the law, and that mandatory statutory procedures under Sections 41, 42, 47, 50, and 52 of the NDPS Act were not complied with. Counsel further emphasized that the offence was not punishable with life imprisonment or death, major investigation was completed, and the petitioner, being a permanent resident and sole breadwinner of his family without bad antecedents, was ready to abide by any bail conditions.

The Public Prosecutor opposed the bail application, contending that 733 grams of ganja bhang tablets were seized directly from the petitioner’s shop. The prosecution argued that the offence carried a punishment of rigorous imprisonment for up to one year and fine, a prima facie case existed, and the petitioner was an habitual seller who might abscond or hamper investigation if released on bail.

Legal Analysis and Judicial Reasoning

The Special Court framed the central point for consideration as whether the petitioner had made out sufficient grounds for the grant of bail under Section 439 of Cr.P.C.

In analyzing the quantity of the seized substance, the Court referenced Notification S.O.1055(E) dated October 19, 2001, issued by the Ministry of Finance (Department of Revenue). Under Entry No. 55 of the schedule, up to 1,000 grams (1 kg) of ganja is classified as a small quantity, whereas 20 kilograms or more constitutes a commercial quantity. The Court held that the total recovery of 733 grams fell squarely within the small quantity threshold.

The Special Court referred to the Supreme Court ruling in Birbal Prasad v. State of Bihar (2018 11 SCC 488), reiterating that where the contraband involved is non-commercial and the accused has no criminal antecedents, bail should be considered favorably pending trial.

The Special Judge observed that since the seized substance was a small quantity, the stringent rigors of Section 37 of the NDPS Act did not apply. Consequently, the application was governed by standard principles of criminal jurisprudence under Cr.P.C. The Court noted that the petitioner had no prior criminal record, was not an habitual offender, the incriminatory material was already seized, and custodial interrogation was no longer necessary. The Court reasoned that prosecution concerns regarding absconding could be addressed by imposing reasonable conditions.

Final Order and Bail Conditions

The Special Court allowed Miscellaneous Criminal Petition No. 7885/2022 and ordered the release of Manoranjan Makud on bail upon executing a personal bond for Rs. 50,000/- with one surety for the like sum, subject to the following conditions:

1. The petitioner shall not leave the jurisdiction of the Court without prior permission.
2. He shall not tamper with prosecution witnesses or abscond.
3. He shall fully cooperate with the Investigating Officer during the investigation.
4. He shall not commit similar offences or any offence while on bail.
5. He shall furnish his photo identity proof and local address proof document, along with the photo identity proof of his surety.
6. Any breach of these conditions shall entail immediate cancellation of bail.