The Special Court for NDPS cases in Bengaluru has granted bail to Jameer Pasha, a 30-year-old resident of Ramanagara, who was arrested in connection with a 2015 drug possession case. The order was passed by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, on September 2, 2022. The court took into account the classification of the seized contraband and the duration of the legal proceedings while deciding to enlarge the accused on bail.

The legal battle stems from an incident dating back to September 6, 2015. According to the prosecution, the Bangalore City Railway Police were on patrolling duty to monitor theft cases when they spotted a person moving suspiciously with a bag near the railway station auto stand. Upon apprehension and inquiry, the individual, identified as Jameer Pasha, allegedly revealed that he was carrying “ganja soppu.” A search of the bag led to the recovery of 1 kg and 100 grams of ganja, which was subsequently seized under a panchanama.

Legal History and Challenges Faced by the Accused

The case has seen a protracted legal journey. Jameer Pasha was initially enlarged on bail during the crime stage in October 2015. However, the charge sheet was filed only three years later, in October 2018. The petitioner argued that he was never served with summons or notice regarding the filing of the charge sheet. Due to his non-appearance, a Non-Bailable Warrant (NBW) was issued, leading to his re-arrest.

Although he secured bail again in March 2020, the onset of the COVID-19 pandemic and the subsequent lockdowns disrupted his ability to track the case. The defense argued that the Standard Operating Procedures (SOPs) during the lockdown made regular court attendance difficult, causing the petitioner to lose track of hearing dates. This led to a third arrest and his subsequent remand to judicial custody, prompting the current bail petition under Section 439 of the Cr.P.C.

Arguments by the Defense and Prosecution

The defense counsel argued that Jameer Pasha is the sole breadwinner for his family and has no criminal antecedents. It was contended that the police had failed to comply with the mandatory search and seizure provisions under Sections 41, 42, 50, 52, and 47 of the NDPS Act. Crucially, the defense highlighted that the quantity seized—1 kg and 100 grams—did not constitute a “commercial quantity” under the law.

The prosecution opposed the bail plea, labeling the accused as a habitual dealer. They argued that because the offense carries a potential sentence of up to 10 years of rigorous imprisonment, there was a high risk that the accused would abscond or tamper with the investigation if released.

Court Observations on Contraband Quantity

A significant portion of the court’s reasoning focused on the classification of the drug quantity. Under the Ministry of Finance Department of Revenue Notification, 1,000 grams of ganja is considered a “small quantity,” while 20 kilograms is considered a “commercial quantity.”

The court observed that 1.1 kg of ganja falls under the category of an “intermediate quantity.” Judge B.S. Jayashree referenced the Supreme Court’s ruling in Birbal Prasad vs. State of Bihar, which established that when the quantity involved is non-commercial and the accused has no other pending cases, bail should generally be considered. The court noted that because the quantity was not commercial, the strict rigors of Section 37 of the NDPS Act, which makes bail difficult to obtain, did not apply in this instance.

The Final Order and Bail Conditions

The court concluded that the major portion of the investigation was over as the contraband had already been seized. Since the offense is not punishable by death or life imprisonment, and the petitioner has a permanent residence, the court found no further need for custodial interrogation.

The petition was allowed, and Jameer Pasha was ordered to be released on a personal bond of Rs. 1,00,000 with two sureties. The court imposed several conditions to ensure his presence during future hearings:

1. The petitioner must attend the office of the Investigating Officer once a month, specifically on the first Monday.
2. He is prohibited from leaving the jurisdiction of the court without prior permission.
3. He must not tamper with witnesses or commit any further offenses while on bail.
4. He must provide valid photo ID and address proof for himself and his sureties.

The court warned that any breach of these conditions would result in the immediate cancellation of the bail. The case highlights the importance of the distinction between intermediate and commercial quantities in drug-related offenses under the NDPS Act.