The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to a 24-year-old youth, Vishnu Manoj, who was arrested by the HSR Layout police for the alleged possession of ganja. The court, presided over by Smt. B.S. Jayashree, XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, observed that the quantity of the contraband seized fell under the intermediate category rather than the commercial category, thereby relaxing the stringent bail conditions typically associated with drug-related offenses.
Background of the Case and Arrest
The case originated on December 18, 2022, when the HSR Layout Police Station received credible information regarding the sale of narcotics. According to the prosecution’s complaint, a police officer received a tip-off at approximately 11:00 am suggesting that an individual was frequenting a service road near Agara Tank every Sunday. The informant claimed that this individual carried a bag and was seen selling small packets to various buyers in exchange for money.
Acting on this information, the police conducted a raid at the spot around 1:30 pm. During the operation, they apprehended a suspect who identified himself as Vishnu Manoj. Upon searching a bag in his possession, the authorities discovered a substance later identified as ganja. When weighed, the total quantity of the seized contraband was recorded as 5 kilograms and 80 grams. Following the seizure and the drawing of a detailed mahazar (spot record), the police registered a case under Crime Number 326/2022. The accused was charged under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and was subsequently remanded to judicial custody.
Arguments Presented by the Defense
Representing the petitioner, Advocate Sri Rama Rao S. argued that Vishnu Manoj was an innocent, law-abiding citizen who had been falsely implicated in the case. The defense contended that the petitioner was unaware of the contents of the bag and that he had been “planted” in the case by the complainant police.
A primary pillar of the defense’s argument was the classification of the seized drug. The counsel argued that 5.08 kilograms of ganja does not constitute a “commercial quantity” under the law. Furthermore, the defense alleged that the mandatory procedural requirements stipulated under Sections 41, 42, 50, 52, and 47 of the Narcotic Drugs and Psychotropic Substances Act were not strictly followed during the search and recovery process. The petitioner’s counsel emphasized that since the investigation was largely complete and the accused had a permanent residence in both Bengaluru and Thrissur, Kerala, there was no risk of him fleeing from justice.
Prosecution’s Opposition to Bail
The State, represented by the Public Prosecutor, vehemently opposed the bail application. The prosecution highlighted the gravity of the offense, noting that the seizure of over 5 kilograms of ganja was a serious matter. They argued that there was sufficient prima facie evidence to link the accused to the crime and that the offenses carried a potential punishment of rigorous imprisonment for a term ranging from 10 to 20 years, along with heavy fines.
The prosecution expressed concerns that if released on bail, the petitioner might tamper with prosecution witnesses or engage in similar criminal activities. They further argued that the sale of drugs to the younger generation poses a significant threat to society and the future of the youth, justifying continued detention during the pendency of the investigation.
Court’s Observations on Drug Quantities
In its analysis, the Court focused on the specific weight of the seized contraband. According to the Ministry of Finance, Department of Revenue Notification S.O.1055(E), the legal thresholds for ganja are clearly defined: 1,000 grams (1 kg) is considered a small quantity, while 20 kilograms or more is classified as a commercial quantity.
Judge B.S. Jayashree noted that the 5 kilograms and 80 grams seized from Vishnu Manoj falls into the “intermediate quantity” category. The Court cited a landmark judgment from the Hon’ble Supreme Court of India, Birbal Prasad vs. State of Bihar (2018), which established that when a non-commercial quantity is involved and the accused has no prior criminal record, bail should be considered favorably.
The Court clarified that because the quantity was less than commercial, the rigorous restrictions on bail found in Section 37 of the Narcotic Drugs and Psychotropic Substances Act—which requires the court to be satisfied that there are reasonable grounds to believe the accused is not guilty—did not strictly apply. Instead, the court applied standard bail principles used in regular statutes.
Terms and Conditions of the Bail Order
After determining that custodial interrogation was no longer warranted and that the major portion of the investigation had concluded, the Court allowed the petition. Vishnu Manoj was ordered to be released on a personal bond of Rs. 1,00,000 with two sureties of the like sum. To ensure the petitioner’s cooperation with the ongoing legal process, the court imposed the following conditions:
The petitioner must mark his attendance at the HSR Layout Police Station 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 witnesses, abscond, or commit any similar offenses while out on bail. Furthermore, the petitioner was required to submit photo identification and local address proof for himself and his sureties. The court warned that any breach of these conditions would lead to the immediate cancellation of his bail.