Iranian National Bardia Rezaei Noei @ Masod Mobasheri Granted Bail in Bengaluru NDPS Case

In a significant order delivered on December 3, 2022, the XXXIII Additional City Civil & Sessions Judge & Special Judge (NDPS) in Bengaluru, SMT. B.S. JAYASHREE, granted bail to Iranian national Bardia Rezaei Noei @ Masod Mobasheri, the accused in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The order, passed in Crl.Misc.No.11562/2022, allows the petitioner, accused No. 1, to be enlarged on bail subject to stringent conditions.

Background of the Case

The case, registered as Cr.No.48/1/25/2022/BZU by the Narcotics Control Bureau (NCB), Bengaluru, involves alleged offenses punishable under various sections of the NDPS Act, including Sections 8(c), 20(b)(ii)(A), 22(b), 23(a), 27, 27(a), 28, and 29. These sections primarily deal with the illegal possession, transport, and trafficking of narcotic drugs and psychotropic substances, including conspiracy and abetment.

The petitioner, identified as Bardia Rezaei Noei @ Masod Mobasheri, aged 26, residing in Doddagubbi Main Road, Bengaluru, sought bail under Section 439 of the Code of Criminal Procedure (Cr.P.C.). The petition was argued by Sri. Viswanatha.K.S., Advocate, on behalf of the accused, while the State by NCB was represented by the Special Public Prosecutor.

Arguments for Bail

The primary grounds urged by the petitioner for seeking bail centered on claims of innocence and false implication. The defense argued that the petitioner is a law-abiding citizen and had not committed any of the alleged offenses. Crucially, the petition contended that while the alleged offense is non-bailable, it is not punishable with imprisonment for life or the death penalty.

The defense further highlighted the alleged non-adherence to the mandatory procedure contemplated under the NDPS Act during the recovery and seizure process. They also questioned the material available for implicating the petitioner as Accused No. 1 and pointed out that the voluntary statement of the petitioner was recorded only after the seizure and subsequent arrest. Personal factors, such as the petitioner’s educational background—a qualified pharma student from PES College of Pharmacy, Banashankari, currently doing an internship—and his lack of criminal antecedents, were also presented to the court. The defense asserted that there was no chance of the accused absconding and that he was ready and willing to abide by any conditions imposed by the court, including offering a surety.

Prosecution’s Opposition

The NCB strongly opposed the bail petition, detailing the timeline and nature of the seizures. The prosecution stated that the Investigating Officer (I.O.) first seized 120 grams of Ganja on November 14, 2022, from a parcel bearing No.UA4467164863US at the Foreign Post Office in Chamarajpet, Bengaluru.

In a follow-up action on November 16, 2022, the petitioner, an Iranian national, was intercepted at the Post Office in Kammanahalli, Bengaluru. Following the recording of his statement, a house search was conducted on November 17, 2022, at his residence. The search resulted in the seizure of an additional 66 grams of Ganja and 48 grams of tablets believed to be Tramadol Hydrochloride, a psychotropic substance. Furthermore, a second parcel containing five liquor bottles suspected to contain cannabis, addressed to the petitioner via a UPS Courier shipment (ID 3XA300BJWPR), was also seized.

The prosecution asserted that the petitioner had booked the parcel of drugs and was using cannabis wine. They submitted that the investigation was ongoing, alleging that documents had been manipulated for booking the parcel, and that more persons were likely to be apprehended. Given the stage of the investigation, the NCB sought the rejection of the bail plea.

Court’s Analysis and Finding

After hearing arguments from both sides, the court proceeded to analyze the material presented, focusing on the applicability of the stringent provisions of the NDPS Act, particularly Section 37, which imposes severe restrictions on the grant of bail in cases involving commercial quantity of contraband.

The court noted the total quantity of Ganja seized from the two locations (the parcel and the house search) was $120$ grams $+ 66$ grams $= 186$ grams. Referencing the Ministry of Finance Department of Revenue Notification S.O.1055(E) dated 19.10.2001, the court pointed out that for Ganja, $1000$ grams is specified as a “small quantity” and $20$ Kgs is the “commercial quantity.” Since the total seized quantity of Ganja was $186$ grams, the court concluded that it constituted a small quantity of contraband.

The court also considered the seizure of $48$ grams of Tramadol hydrochloride tablets, noting that Tramadol is classified as a psychotropic substance. Importantly, the court determined that since the seized Ganja fell under the “small quantity” threshold, the rigorous conditions for bail imposed by Section 37 of the NDPS Act, which are applicable only for offenses involving “commercial quantity,” were not applicable in this case.

The court also acknowledged the petitioner’s clean record, his ongoing internship, and the fact that he has been in judicial custody since November 22, 2022. It observed that the incriminatory articles had already been seized, the petitioner’s statement recorded, and further custodial interrogation was not warranted. The court ultimately found that by imposing stringent conditions, the petitioner could be enlarged on bail without prejudicing the prosecution’s case or the eventual trial.

Bail Conditions Imposed

The petition was allowed, and Bardia Rezaei Noei @ Masod Mobasheri was granted bail on executing a personal bond for a sum of $\text{Rs.1,00,000/}$ with one surety for the like sum.

The court imposed the following stringent conditions:

The petitioner must attend before the concerned I.O. once a month, specifically on the first Monday of every month, between 10:00 AM and 2:00 PM, until the filing of the charge sheet or further orders, whichever is earlier.
He is prohibited from leaving the court’s jurisdiction without prior permission.
He shall not tamper with the witnesses or abscond.
He must cooperate with the I.O. for the investigation.
He shall not commit any similar offense or any other offense while on bail.
He must furnish his photo ID proof and the photo ID proof of his sureties.
He must appear before the court on all dates of hearing and submit his passport to the court.

The court explicitly stated that the breach of any of these conditions would result in the cancellation of the bail. The final order was pronounced in open court on December 3, 2022.