BENGALURU – The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to a 24-year-old youth from Bihar, Subhash Kumar, who was arrested for the alleged possession of ganja tablets. The court observed that the quantity of the contraband seized fell under the “intermediate” category, meaning the stringent restrictions on bail typically associated with commercial quantities did not apply.
The order was delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), on December 22, 2022. The petitioner, Subhash Kumar, a native of Safool district in Bihar currently residing in Devarabisanahalli, Bengaluru, had been in judicial custody following his arrest by the Sarjapura Range Excise Police.
Details of the Excise Department Raid
The case against Subhash Kumar was initiated following a report by the Excise Sub-Inspector of the Sarjapura Range. According to the prosecution, on December 9, 2022, at approximately 5:45 p.m., excise officials received credible information regarding a person selling ganja-infused tablets near Lakshmi Provision Store on Huskoor-Kannahalli Road in Ghattahalli.
A raid team was formed, and the suspect was apprehended at the spot. Upon inspection of the bag he was carrying, officials discovered tablets that the accused admitted were ganja tablets. The total weight of the seized contraband was recorded as 3 kilograms and 789 grams. Consequently, a case was registered under Crime Number 28/2022-23 for offences punishable under Section 8(c), Section 20(b)(ii)(B), and Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Arguments Presented by the Defense and Prosecution
The petitioner’s counsel, Sri R.V. Venkatesh Murthy, argued that Subhash Kumar was innocent and had been falsely implicated in the case. He contended that the mandatory search and seizure procedures prescribed under the Narcotic Drugs and Psychotropic Substances Act, 1985, were not followed. Furthermore, the defense emphasized that Kumar is the sole breadwinner for his family, has no prior criminal record, and is no longer required for custodial interrogation as the primary investigation is complete.
The prosecution strongly opposed the bail plea, characterizing Kumar as a habitual drug dealer. They argued that the 3.789 kilograms of ganja tablets constituted a significant amount of narcotic substance. The State expressed concerns that if released on bail, the accused might abscond, flee to his native state of Bihar, or attempt to hamper the ongoing investigation.
The Court’s Reasoning: Intermediate vs. Commercial Quantity
In its analysis, the court focused primarily on the weight of the seized drugs to determine the eligibility for bail. According to the Ministry of Finance Department of Revenue Notification S.O.1055(E), the classifications for Ganja are as follows:
- Small Quantity: Up to 1,000 grams (1 kg)
- Commercial Quantity: 20 kilograms and above
- Intermediate Quantity: Between 1 kg and 20 kg
Judge B.S. Jayashree noted that the 3.789 kilograms seized from Kumar clearly falls into the “intermediate quantity” category. The court cited the Supreme Court of India’s decision in Birbal Prasad vs. State of Bihar (2018), which established that for non-commercial quantities, courts should lean toward granting bail unless exceptional circumstances are proven.
The judge observed that for intermediate quantities, the rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985—which requires a court to be satisfied that the accused is not guilty before granting bail—do not strictly apply. Instead, the petition is treated more like a regular bail application under Section 439 of the Code of Criminal Procedure, 1973.
Conditions of the Bail Order
The court concluded that since the incriminatory articles had already been seized and the offense is not punishable by death or life imprisonment, continued detention was not warranted. However, to address the prosecution’s concerns about the accused absconding, the court imposed a set of strict conditions.
Subhash Kumar was ordered to be released on bail upon executing a personal bond for 1,00,000 rupees with two sureties of the like sum. The additional conditions include:
- The petitioner must appear before the Investigating Officer once a month, specifically on the first Monday, until the charge sheet is filed.
- He is prohibited from leaving the jurisdiction of the court without prior permission.
- He must not tamper with prosecution witnesses or commit any similar offenses while on bail.
- He must provide valid photo ID and local address proof for himself and his sureties.
- Regular appearance before the court on all hearing dates is mandatory.
The court warned that any breach of these conditions would lead to the immediate cancellation of the bail. With this order, the court balanced the petitioner’s right to liberty with the necessity of ensuring a fair and complete trial process.