The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted regular bail to 30-year-old Syed Rizwan Pasha, who was arrested by the Ramamurthy Nagar Police for the alleged possession of 1 kilogram and 500 grams of Ganja. The order, delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, underscores the judicial distinction between “commercial” and “intermediate” quantities of narcotic substances.
The legal proceedings, filed under Section 439 of the Code of Criminal Procedure, 1973, concluded with the court favoring the petitioner’s liberty. The court observed that since the quantity seized was significantly below the commercial threshold, the stringent restrictions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, did not apply with full rigor.
Background of the Arrest and Police Raid
The case, registered as Crime No. 178/2024 at the Ramamurthy Nagar Police Station, originated from a raid conducted on March 23, 2024. According to the prosecution’s report, a Police Sub-Inspector received credible intelligence at approximately 9:30 AM regarding an individual selling narcotics near Bethel School in Vijinapura.
Acting on the tip-off, the police team, along with independent witnesses known as “panchas,” conducted a raid at the specified location. The team apprehended the suspect, who identified himself as Syed Rizwan Pasha. Upon conducting a search, the police recovered a packet containing 1 kilogram and 500 grams of Ganja. A detailed seizure memo, or mahazar, was prepared at the spot, and the petitioner was subsequently produced before the court and remanded to judicial custody.
Arguments Presented by the Petitioner and Prosecution
The petitioner’s counsel, Sri GKN, argued that Syed Rizwan Pasha was a law-abiding citizen who had been falsely implicated in the case. The defense maintained that the petitioner was unaware of the alleged drugs and that the police had failed to follow the mandatory search and seizure procedures contemplated under the Narcotic Drugs and Psychotropic Substances Act, 1985. Crucially, the defense pointed out that the quantity seized was “intermediate” and not “commercial,” which should weigh in favor of granting bail.
Conversely, the Public Prosecutor strongly opposed the bail application. The State argued that the petitioner was caught with incriminatory articles and that the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is a serious crime. The prosecution expressed concerns that the petitioner might target the younger generation or tamper with witnesses if released while the investigation was still ongoing.
Judicial Reasoning: Intermediate vs. Commercial Quantity
The court’s decision hinged on the classification of the seized substance. Under the Ministry of Finance, Department of Revenue Notification S.O.1055(E), the threshold for Ganja is clearly defined:
- Small Quantity: Up to 1,000 grams (1 Kilogram).
- Commercial Quantity: 20 Kilograms and above.
In this instance, the seizure of 1 kilogram and 500 grams places the offence in the “Intermediate Quantity” category. Judge B.S. Jayashree cited the landmark Supreme Court decision in Birbal Prasad Vs. State of Bihar (2018), which established that in cases involving non-commercial quantities where the accused has no prior record, the court should lean toward granting bail.
The judge observed that the rigors of Section 37 of the NDPS Act—which essentially requires the court to be satisfied that the accused is not guilty before granting bail—apply primarily to commercial quantities. For intermediate quantities, the court applies the standard principles of bail as found in the Code of Criminal Procedure, 1973 (and now the Bharatiya Nagarik Suraksha Sanhita).
Terms and Conditions of the Bail Order
While granting the bail, the court emphasized that the major portion of the investigation was complete and custodial interrogation was no longer necessary. However, to ensure the petitioner’s presence during the trial, the court imposed the following conditions:
- Personal Bond: The petitioner must execute a personal bond of 1,00,000 rupees with one surety of the like sum.
- Monthly Attendance: He must appear before the Investigating Officer on the first Monday of every month until the charge sheet is filed.
- Jurisdiction: He is prohibited from leaving the court’s jurisdiction without prior permission.
- Witness Integrity: He must not tamper with prosecution witnesses or attempt to abscond.
- Compliance: He must cooperate with the investigation and appear before the court on all hearing dates.
- Identification: He must furnish photo ID and local address proof for himself and his sureties.
The court warned that any breach of these conditions would result in the automatic cancellation of the bail. This ruling reinforces the legal precedent that the specific weight of the contraband is a primary factor in determining the eligibility for bail in narcotics cases.