The Special NDPS Court in Bengaluru has granted bail to Nawazulla, the second accused in a significant narcotics seizure case involving over 20 kilograms of ganja. The order, delivered by Smt. B.S. Jayashree, XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, marks a pivotal turn in the proceedings for the 29-year-old resident of Tippunagara, Chamrajapete.

The petitioner had been in judicial custody since August 2022 following a raid conducted by the Govindarajanagar Police. While the prosecution argued that the total quantity seized was “commercial,” the court meticulously analyzed the individual liability and the circumstances of the recovery to arrive at its decision.

Background of the Govindarajanagar Police Raid

The case, registered under Crime No. 161/2022, originated on August 22, 2022. According to the prosecution, the Police Sub-Inspector (PSI) of Govindarajanagar received credible intelligence regarding the sale of ganja from an auto-rickshaw parked near Vishnuvardhan Park in Prashanthanagar.

Acting on this information, the police team, along with independent witnesses and under the supervision of the Assistant Commissioner of Police, conducted a raid at the spot. They apprehended two individuals: Sadaam Pasha (Accused No. 1) and the petitioner, Nawazulla (Accused No. 2). A search of the auto-rickshaw led to the discovery of a bag containing 5.125 kilograms of ganja, along with plastic packing materials.

The investigation took a further step when Accused No. 1, Sadaam Pasha, allegedly confessed during interrogation that he had stored more contraband at his residence. A subsequent raid on Pasha’s house in Padarayanapura led to the recovery of an additional 15.275 kilograms of ganja. This brought the total seizure in the case to 20.400 kilograms.

Legal Arguments and the Definition of Commercial Quantity

The primary point of contention in this bail plea revolved around the classification of the seized substance. Under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, the severity of punishment and the difficulty of obtaining bail depend heavily on whether the quantity is “small,” “intermediate,” or “commercial.”

For ganja, the Ministry of Finance notification specifies that:

1. Small Quantity is up to 1,000 grams (1 kg).
2. Commercial Quantity is 20 kilograms and above.

The prosecution argued that because the total seizure was 20.400 kg, the rigors of Section 37 of the NDPS Act should apply. Section 37 essentially reverses the burden of proof for bail, requiring the court to be satisfied that there are reasonable grounds to believe the accused is not guilty and is unlikely to commit any offence while on bail.

Court Findings on Individual Liability

Judge B.S. Jayashree provided a detailed analysis of the seizure reports. The court noted that while 20.400 kg was the total volume, the recovery from the joint possession of both accused at the public park was only 5.125 kg. The remaining 15.275 kg was recovered exclusively from the residence of Accused No. 1.

The court observed that the investigating agency had not produced any evidence at this stage to show that Nawazulla (Accused No. 2) was involved in procuring or storing the large quantity found in Pasha’s house. Consequently, for the purposes of Nawazulla’s bail application, the court considered the quantity directly attributable to him as “intermediate” rather than “commercial.”

Citing the Supreme Court precedent in Birbal Prasad vs. State of Bihar (2018), the court held that when the quantity is non-commercial, the stringent requirements of Section 37 do not apply, and bail can be considered under regular criminal procedure standards.

Reasons for Granting Bail to Nawazulla

In its final reasoning, the court highlighted several factors in favor of the petitioner:

1. Completion of Investigation: The police have already filed the charge sheet, meaning custodial interrogation is no longer required.
2. Evidence Seizure: All incriminatory articles have already been seized and are in the custody of the state.
3. Personal Background: Nawazulla is a resident of Bengaluru with a permanent address, reducing the risk of him fleeing from justice.
4. Breadwinner Status: The defense established that the petitioner is the sole earning member of his family.

The court concluded that while the offence is serious, it is not punishable by death or life imprisonment, and the apprehension of the prosecution regarding the trial can be managed through strict conditions.

Conditions of the Bail Order

The court allowed the petition under Section 439 of the Cr.P.C. and ordered the release of Nawazulla upon the execution of a personal bond of Rs. 1,00,000 with two sureties. The following strict conditions were imposed:

1. The petitioner must report to the Investigating Officer once a month, specifically on the first Monday, until further orders.
2. He must not leave the jurisdiction of the court without prior permission.
3. He is strictly prohibited from tampering with prosecution witnesses or absconding.
4. He must cooperate with the ongoing trial and appear on all hearing dates.
5. He must not commit any similar offences while out on bail.

The court warned that any breach of these conditions would lead to the immediate cancellation of his bail. Nawazulla’s release follows nearly four months of incarceration since his arrest in August 2022.