The XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases in Bengaluru has granted bail to Jafar Ali S, who was arrayed as Accused No. 3 in a narcotics and vehicle theft case. The court, presided over by Smt. B.S. Jayashree, delivered the order on March 28, 2024, noting that the quantity of contraband seized from the petitioner did not meet the commercial threshold required to invoke the strictest rigors of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Detailed Background of the Police Raid
The case originated from a suo motu complaint by the PSI of Ramamurthy Nagar Police Station on February 21, 2024. Based on credible information regarding the sale of MDMA near the railway tracks in Kasturi Nagar, the police conducted a raid. Initially, the investigation targeted two individuals, Syed Husen and Mohammed Arif.
During the operation, the police apprehended several individuals across different locations. At the first spot near Kasturi Nagar, the police seized 11 grams of MDMA and 2 kilograms of Ganja from Accused Nos. 1 and 2. Following the interrogation and voluntary statements of these accused, the police were led to a second location near the Tata Steel Lorry Stand at 4th Cross, Ramamurthy Nagar.
It was at this second location, a vacant space roughly 1.5 kilometers away from the first raid, that the petitioner, Jafar Ali S, and another individual, Mohammed Ayaz, were apprehended. The police recovered a bag containing approximately 2.02 kilograms of Ganja from this spot.
Allegations of Drug Trafficking and Vehicle Theft
The prosecution contended that Jafar Ali S was deeply involved in a drug distribution network aimed at the younger generation. Beyond the narcotics charges under Section 22(c) of the NDPS Act, the investigation took a turn toward property crimes. The voluntary statements of the accused led the police to Rampura Lake, where four stolen motorbikes were recovered. These vehicles were linked to various pending cases at Ramamurthy Nagar, Subramanyapura, and Mahadevapura police stations.
The State, represented by the Public Prosecutor, argued against the grant of bail, citing the recovery of 11 grams of MDMA. Under the current legal framework, 10 grams of MDMA constitutes a commercial quantity. The prosecution maintained that the entire group should be held liable for the total volume of drugs seized across both locations.
Legal Arguments and Judicial Reasoning
The counsel for Jafar Ali S, Sri Rajesh Kumar T.R., argued that the petitioner was innocent and that the quantity of Ganja seized directly from him—2 kilograms—was an intermediate quantity, not a commercial one. He further highlighted that the petitioner is a permanent resident of Bengaluru and the sole caregiver for his mother.
In the final order, Judge B.S. Jayashree made a significant distinction regarding “joint recovery.” The court observed that the 11 grams of MDMA and 2 kilograms of Ganja seized from Accused Nos. 1 and 2 were found at a completely different location and time than the arrest of the petitioner.
The court noted that the seizure attributed specifically to Jafar Ali S was 2 kilograms of Ganja. According to the Ministry of Finance notification dated October 19, 2001, 20 kilograms is the threshold for commercial quantity for Ganja. Since 2 kilograms is classified as an intermediate quantity, the court held that the stringent bail restrictions under Section 37 of the NDPS Act—which require the court to have reasonable grounds to believe the accused is not guilty—did not apply to this specific petitioner.
Citing the Supreme Court precedent in Birbal Prasad Vs. State of Bihar, the court emphasized that when the quantity is non-commercial and the investigation is largely complete, bail should be considered.
Terms and Conditions of Release
The court concluded that further custodial interrogation was not warranted since the voluntary statements were recorded and the incriminatory articles were already seized. The court allowed the petition under Section 439 of the Cr.P.C., ordering the release of Jafar Ali S on a personal bond of Rs. 1,00,000 with two sureties of the same amount.
The bail is subject to several strict conditions to ensure the petitioner’s cooperation with the ongoing trial:
- The petitioner must mark his attendance at the Ramamurthy Nagar Police Station once a month, specifically on the first Monday, until the charge sheet is filed.
- He is prohibited from leaving the jurisdiction of the court without prior permission.
- He must not tamper with prosecution witnesses or commit any other offences while on bail.
- He must provide valid photo ID and local address proof for himself and his sureties.
- He must appear before the court on every scheduled hearing date.
The judge warned that any breach of these conditions would entitle the prosecution to seek the cancellation of his bail. This ruling highlights the judicial focus on individual recovery amounts and geographic distinctions during police raids when determining the applicability of commercial quantity penalties.