The XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases in Bengaluru has granted bail to Irfan Pasha, who was arrested in connection with a drug trafficking case registered by the D.J. Halli Police. The court, presided over by Smt. B.S. Jayashree, observed that the quantity of the prohibited substance seized from the accused fell under the category of intermediate quantity, thereby relaxing the stringent rigors typically associated with the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The legal proceedings, registered under Criminal Miscellaneous No. 11408/2022, originated from an enforcement action conducted by the D.J. Halli Police in November 2022. According to the prosecution’s case, the police received credible information regarding a foreign national allegedly selling MDMA and Ecstasy pills near the Shampura Main Road Railway gate. The subsequent raid led to the arrest of Accused No. 1, a foreign national, who was found in possession of 97 Ecstasy tablets weighing approximately 40 grams. Following the interrogation and voluntary statement of the first accused, the police traced the involvement to Irfan Pasha, identified as Accused No. 2.
The police arrested Irfan Pasha on November 12, 2022. Upon conducting a search of his residence located on Modi Road, Joseph Garden, authorities reported the seizure of 6 grams of MDMA. The petitioner had been in judicial custody since his arrest, leading to the filing of the present bail application under Section 439 of the Code of Criminal Procedure.
Representing the petitioner, advocate Narayana Swamy M. argued that Irfan Pasha was an innocent law-abiding citizen who had been falsely implicated in the case. The defense contended that Pasha was not arrested at the scene of the initial raid and was only linked to the crime based on the voluntary statement of the primary accused. A critical point of the defense was that the 6 grams of MDMA alleged to have been seized from the petitioner’s home did not constitute a commercial quantity under the NDPS Act. The defense also highlighted that the mandatory procedural requirements of the NDPS Act were not strictly followed during the recovery process.
The Public Prosecutor strongly opposed the bail plea, characterizing the petitioner as a habitual drug dealer. The state argued that the combined seizure of 40 grams of Ecstasy and 6 grams of MDMA from both accused indicated a serious threat to society. The prosecution expressed concerns that if released on bail, Irfan Pasha would likely return to the narcotic trade, abscond from justice, or attempt to tamper with the prosecution’s evidence.
In its detailed reasoning, the court examined the specific quantities involved. According to the Ministry of Finance notification regarding small and commercial quantities, 0.5 grams of MDMA is considered a small quantity, while 10 grams or more is classified as a commercial quantity. The court noted that the 6 grams recovered from Irfan Pasha clearly falls into the intermediate category.
The judge cited a landmark Supreme Court decision, Birbal Prasad vs. State of Bihar (2018), which established that when the quantity involved is non-commercial, and the accused is not involved in other similar cases, the court may exercise its discretion to grant bail. The court further noted that since the quantity was intermediate, the strict limitations of Section 37 of the NDPS Act—which makes bail extremely difficult to obtain in commercial quantity cases—did not apply.
The court also observed that the major portion of the investigation appeared to be concluded since the contraband had already been seized. The judge remarked that further custodial interrogation was not warranted at this stage. To address the prosecution’s fears of the accused absconding, the court decided to impose several stringent conditions rather than denying liberty altogether.
Under the final order, Irfan Pasha was ordered to be released on bail upon executing a personal bond of Rs. 1,00,000 with two sureties for the like sum. The court mandated that he must mark his attendance at the D.J. Halli Police Station once a month until the filing of the charge sheet. Furthermore, the petitioner is prohibited from leaving the jurisdiction of the court without prior permission, must not tamper with witnesses, and is strictly forbidden from committing any similar offences while on bail. The court warned that any breach of these conditions would result in the immediate cancellation of his bail.