Bail granted for intermediate quantity of contraband where recovery is marginally above small quantity.

On January 7, 2026, police officers on patrol observed the Petitioner sitting on his staircase holding two white polythene bags.

Upon seeing the officers, the Petitioner attempted to flee but was apprehended.

A search of the bags revealed 2.788 kg of ganja.

The Petitioner was arrested and sought regular bail, claiming false implication and noting that he had been in custody since the date of the incident.

The State opposed the bail on the grounds of the Petitioner’s criminal antecedents, his status as a "bad character," and the criminal history of his family members.

1. Whether the criminal antecedents of a Petitioner’s family members can be a ground to deny bail.

2. Whether the Petitioner is entitled to regular bail considering the quantity of the contraband recovered and his period of incarceration.

Section 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which prescribes punishment for the possession of cannabis.

The legal principle that criminal liability is individual, rejecting the relevance of family history in bail adjudications.

NDPS notification, where "small quantity" for ganja is 1 kg and "commercial quantity" is 20 kg; intermediate quantities carry a maximum punishment of 10 years.

The Court dismissed the State’s contention regarding the Petitioner’s family, finding "absolutely no merit" in the argument that a Petitioner should suffer due to the alleged crimes of relatives.

Regarding the Petitioner's own antecedents, the Court found that while three cases were cited, one resulted in acquittal and the others were for distinct offences (theft/property) rather than NDPS violations.

The Court further noted that no documentation was produced to support the State's claim that the Petitioner was a "bad character."

Critically, the Court analyzed the weight of the recovered ganja (2.788 kg) and determined it was "just above the small quantity" and significantly lower than the 20 kg threshold for commercial quantity.

Given the intermediate quantity and the time already served in jail, the Court found no justification for continued detention.

The bail application was allowed; the Petitioner to be released on bail subject to a personal bond of Rs. 10,000 with one surety of like amount to the satisfaction of the Trial Court.

The Court directed the transmission of the order to the Jail Superintendent and clarified that the observations made would not prejudice the final trial.