The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to two men, Vinod Kumar alias Solle and Shankar, who were arrested for the alleged possession and sale of Ganja. The order, passed by Smt. B.S. Jayashree, XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), emphasized that the quantity of the drug seized did not meet the threshold for “commercial quantity,” thereby relaxing the stringent requirements for bail under the NDPS Act.

The petitioners, both residents of Laggere, Bengaluru, were apprehended by the Kamakshipalya Police during a raid in November 2022. They faced charges under Section 8(c) and Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Details of the Police Raid and Arrest

According to the prosecution’s report, the incident occurred on November 20, 2022. The Police Sub-Inspector (PSI) of Kamakshipalya Police Station received credible intelligence at approximately 8:00 a.m. regarding three individuals selling contraband to the public near the Sumanahalli Bus Stand.

Following the tip-off, the PSI informed the Assistant Commissioner of Police (ACP) of the Vijaynagar Sub-Division and obtained formal permission to conduct a raid. Upon reaching the spot with staff and independent witnesses (panchas), the police intercepted the suspects. While one individual managed to flee the scene, the police apprehended Vinod Kumar (28) and Shankar (22). During the search, the duo was found in possession of 4 kilograms and 530 grams of Ganja. The contraband was seized under a detailed mahazar, and the accused were remanded to judicial custody.

Contentions Raised by the Petitioners

The legal counsel for the petitioners argued that the duo was innocent and had been falsely implicated at the instance of extraneous elements. They contended that the mandatory procedural requirements under Section 41, Section 42, and Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985—which govern search and seizure protocols—were not strictly followed by the investigating agency.

The defense also highlighted that the petitioners were the sole breadwinners for their respective families and had no prior criminal antecedents. Most importantly, they argued that the 4.53 kilograms of Ganja seized falls under the “intermediate quantity” category, meaning the rigorous restrictions of Section 37 of the NDPS Act should not apply.

Prosecution’s Objection and Judicial Analysis

The Public Prosecutor strongly opposed the bail petition, labeling the offense as “heinous.” The state argued that there was a prima facie case against the accused, and their release could lead to them absconding or tampering with the ongoing investigation. The prosecution further alleged that the accused were habitual drug dealers targeting the public.

However, the court’s decision hinged on the specific weight of the seized drugs. Under the Ministry of Finance Department of Revenue Notification S.O.1055(E), for Ganja:

• Small Quantity: Up to 1,000 grams (1 kg).
• Commercial Quantity: 20 kilograms or more.

Since the quantity in this case was 4.53 kilograms, the court classified it as an “intermediate quantity.” Judge B.S. Jayashree referred to the Supreme Court of India precedent in Birbal Prasad Vs. State of Bihar (2018), noting that when the quantity is less than commercial, the rigors of Section 37 of the NDPS Act are not attracted. Section 37 usually requires the court to be satisfied that the accused is not guilty before granting bail, but this applies primarily to commercial volumes.

Final Order and Conditions of Bail

The court concluded that because the major portion of the investigation was complete and the incriminatory articles were already seized, continued custodial interrogation was not warranted. The court allowed the bail petition under Section 439 of the Code of Criminal Procedure, 1973.

Vinod Kumar and Shankar were ordered to be released on a personal bond of 1,00,000 Rupees each, with two sureties of the same amount. The court imposed several stringent conditions to ensure their cooperation:

1. The petitioners must mark their attendance at the Kamakshipalya Police Station on the first Monday of every month between 10:00 a.m. and 2:00 p.m. until the charge sheet is filed.
2. They shall not leave the jurisdiction of the court without prior permission.
3. They are prohibited from tampering with prosecution witnesses or committing similar offenses while on bail.
4. They must cooperate fully with the Investigating Officer and appear on all hearing dates.
5. They must furnish photo ID proof and local address proof for themselves and their sureties.

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