BENGALURU – The XXXIII Additional City Civil and Sessions Judge and Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS), Smt. B.S. Jayashree, has granted bail to Rizwan Pasha, alias Kulla Rizwan, in a complex case involving drug trafficking, the Arms Act, and a suspected conspiracy to commit murder. The court observed that while the case involves commercial quantities of narcotics, the lack of direct recovery from the petitioner and the grant of bail to the primary accused were significant factors in the decision.

The petitioner, 36-year-old Rizwan Pasha, a resident of Hegdenagara, was arrested as Accused No. 2 in connection with Crime Number 119/2021 registered by the K.G. Nagar Police Station. The case was booked under several stringent sections of the law, including Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (possession of commercial quantities of psychotropic substances), Section 27A of the NDPS Act (punishment for financing illicit traffic), Section 25-1(B)(b) of the Arms Act (possession of prohibited weapons), and Section 120B of the Indian Penal Code (criminal conspiracy).

The Origins of the Case: A Conspiracy and a Raid

The matter began on November 16, 2021, when the Assistant Sub-Inspector of K.G. Nagar Police received credible intelligence while on surveillance duty. The information suggested that a group of five individuals, who had recently been released from prison, had gathered at the Kempambudi Lake bed in Nanjamba Agrahara. The group had allegedly hatched a criminal conspiracy to murder an individual known as Belli Mohan and were reportedly in possession of illegal narcotics and deadly weapons.

Acting on these instructions, the police mounted surveillance and conducted a raid. Upon seeing the police, four of the five suspects, including the petitioner Rizwan Pasha, managed to flee the spot by discarding their weapons. However, the police successfully apprehended Accused No. 1, Bharath Kumar, alias Ganji.

During a search conducted in the presence of an Assistant Commissioner of Police, the police recovered 20 grams of MDMA and four LSD strips from Bharath Kumar. Following his arrest, the police continued their search for the remaining suspects. Rizwan Pasha was eventually apprehended in Shimoga on July 22, 2022.

Arguments Over Commercial Quantity and Direct Involvement

The prosecution strongly opposed the bail petition, emphasizing the severity of the charges. They argued that 20 grams of MDMA constitutes a “commercial quantity” under the law—specifically referencing the Ministry of Finance Notification which sets the commercial threshold for MDMA at 10 grams. Crimes involving commercial quantities carry a mandatory minimum sentence of 10 years, extending up to 20 years. The state argued that Pasha is a habitual offender with a history of involvement in several heinous crimes across different police stations, posing a flight risk and a threat to witnesses.

Conversely, the counsel for the petitioner argued that Pasha had been falsely implicated. A central pillar of the defense was that no incriminatory articles or drugs were seized directly from Pasha’s possession. They contended that the mere presence of Pasha at the scene was insufficient to link him to the drug peddling activities of Accused No. 1.

Judicial Observation and the Rule of Law

In her detailed order, Judge B.S. Jayashree carefully balanced the gravity of the NDPS Act with the facts pertaining to the specific accused. The court noted that while 20 grams of MDMA is indeed a commercial quantity, the recovery was made solely from Accused No. 1.

The judge observed that although the petitioner was allegedly armed with a deadly weapon and fled the scene, there was no recovery of narcotics from him even after he was taken into police custody for interrogation. Furthermore, the court took judicial notice of the fact that Accused No. 1, from whom the drugs were actually seized, had already been enlarged on statutory bail.

The court held that while the petitioner has other criminal cases pending against him, the investigating agency failed to provide sufficient material linking him directly to the procurement or sale of the contraband in this specific case. Given that the major portion of the investigation is concluded and recovery has been made, the court determined that further custodial interrogation was not warranted.

Strict Conditions for Bail

Concluding that the apprehension of the prosecution regarding the petitioner absconding could be addressed through stringent conditions, the court allowed the petition. Rizwan Pasha was ordered to be released on a personal bond of 1,00,000 rupees with two sureties of the same amount.

The court imposed the following strict conditions:

1. The petitioner must attend the office of the Investigating Officer once a month, on the first Monday, until the charge sheet is filed.
2. He is prohibited from leaving the jurisdiction of the court without prior permission.
3. He must not tamper with prosecution witnesses or commit similar offenses while on bail.
4. He must provide photo identification and proof of address for both himself and his sureties.
5. Failure to appear on hearing dates or any breach of these conditions will result in the immediate cancellation of bail.

This ruling underscores the judicial principle that individual involvement must be clearly established, even in cases involving high-stakes legislation like the NDPS Act.