BENGALURU – The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to a 20-year-old youth, Vineeth Kumar U, who was arrested by the Ashok Nagar Police for the alleged possession of 1.1 kilograms of Ganja. The court observed that the quantity seized falls under the category of “intermediate quantity,” making the stringent bail restrictions typically associated with commercial quantities inapplicable in this instance.

The order was delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), on August 19, 2022. The petitioner, Vineeth Kumar, a resident of Neelasandra and Ashok Nagar, had been in judicial custody since his arrest in July.

Details of the Police Raid and Arrest

The case against Vineeth Kumar originated from a report submitted by the Police Sub-Inspector of Ashok Nagar Police Station. According to the prosecution, on July 25, 2022, the police received credible information regarding a person selling Ganja near the public bathroom at Nanjappa Circle in Shanthinagar.

Upon obtaining permission from higher officers, the police team conducted a raid and apprehended the suspect. During the personal search, the officials discovered 1,100 grams (1.1 kg) of Ganja. Following the seizure, a detailed mahazar (procedural record) was drawn at the spot, and the accused was booked under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Arguments Presented in Court

The counsel for the petitioner argued that Vineeth Kumar is a young man with no prior criminal record and is the sole breadwinner for his family. The defense contended that the accused was falsely implicated and that the mandatory procedural requirements of the Narcotic Drugs and Psychotropic Substances Act, 1985—specifically Sections 41, 42, 50, and 52 regarding search and seizure—were not strictly followed by the investigating agency.

Furthermore, the defense emphasized that the quantity seized (1.1 kg) was only slightly above the “small quantity” threshold and was significantly lower than the “commercial quantity” of 20 kilograms.

The Public Prosecutor strongly opposed the bail plea, characterizing the petitioner as a habitual dealer and arguing that the offense is a serious threat to society. The prosecution expressed concerns that the accused might abscond or tamper with evidence if released before the investigation was fully concluded.

Judicial Reasoning: Intermediate vs. Commercial Quantity

In its analysis, the court focused on the classification of the seized drug. 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: Anything between 1 kg and 20 kg

The court noted that 1,100 grams falls into the “intermediate” category. Judge B.S. Jayashree cited a landmark Supreme Court of India decision in Birbal Prasad Vs. State of Bihar (2018), where it was held that for non-commercial quantities, bail should be considered more liberally if the accused has no prior record.

The judge observed that since the quantity was not commercial, the rigorous “twin conditions” for bail under the Narcotic Drugs and Psychotropic Substances Act, 1985, do not apply with the same intensity. Instead, the court evaluates the petition based on standard principles of the Code of Criminal Procedure, 1973.

Conditions of the Bail Order

The court concluded that because the investigation was largely complete and the seized items were already in police custody, further detention was unnecessary. However, to ensure the petitioner’s presence during the trial, the court imposed a series of strict conditions.

Vineeth Kumar was ordered to be released on a personal bond of 1,00,000 rupees with two sureties of the same amount. The following conditions were also mandated:

1. The petitioner must mark his attendance before the Investigating Officer once a month, specifically on the first Monday, until the charge sheet is filed.
2. He is prohibited from leaving the jurisdiction of the court without prior permission.
3. He must not tamper with witnesses or attempt to abscond.
4. He must cooperate fully with the Investigating Officer for the ongoing probe.
5. He is strictly prohibited from committing any similar offenses while on bail.
6. He must furnish valid photo ID and local address proof for himself and his sureties.
7. He must appear before the court on all hearing dates without fail.

The court warned that any breach of these conditions would entitle the prosecution to seek cancellation of the bail. With this order, the court balanced the youth’s right to liberty with the necessity of a fair and uninterrupted legal process.