The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Bengaluru has granted bail to two young men, Sameer Khan and Syed Jabir, who were implicated in a drug trafficking case. The order, delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge, underscores the legal distinction between small, intermediate, and commercial quantities of narcotics when determining the liberty of an accused.
The petitioners, 21-year-old Sameer alias Sameer Khan and 27-year-old Jabir alias Syed Jabir, were arrested by the Amruthahalli Police in connection with Crime Number 276/2022. They were charged under Section 22(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which pertains to the contravention in relation to psychotropic substances involving an intermediate quantity.
Case Background and the Amruthahalli Police Raid
The legal proceedings began on November 22, 2022, following a successful raid conducted by the Police Inspector of Amruthahalli Police Station. Acting on credible intelligence that a group of individuals was selling Ganja near Sindhi College Road, the police team mounted a surveillance operation.
During the raid, the police surrounded six individuals. While one suspect, identified as Sharavana, managed to flee the scene, five others—Rizwan, Chetan, Harish, Harbaaz, and Venkat—were apprehended. Upon searching their belongings, the police recovered a total of 500 grams of Ganja and 2 grams of MDMA. Specifically, Accused Number 1, Rizwan, was found in possession of both substances.
Sameer Khan and Syed Jabir, designated as Accused Number 7 and 8, were not present during the initial raid. They were arrested on December 15, 2022, nearly a month later, based solely on the voluntary statements provided by the first five accused individuals. The prosecution alleged that these petitioners were part of a network that purchased drugs from foreign nationals to sell them to software employees and college students.
Legal Arguments and the Quantity of Contraband
The defense counsel argued that Sameer Khan and Syed Jabir were innocent and had been falsely implicated based on hearsay statements. A primary point of the defense was that no actual contraband was seized from the physical possession of these two petitioners at the time of their arrest. Furthermore, they argued that the total amount of drugs seized in the entire case did not meet the threshold for “commercial quantity.”
Under the Narcotic Drugs and Psychotropic Substances Act, the weight of the seized substance dictates the severity of the legal restrictions. According to the Ministry of Finance Department of Revenue Notification:
- Ganja: 1,000 grams is considered a small quantity, while 20 kilograms is a commercial quantity.
- MDMA: 0.5 grams is a small quantity, while 10 grams is a commercial quantity.
In this specific case, the seizure of 500 grams of Ganja and 2 grams of MDMA falls into the “intermediate quantity” category. This is a crucial distinction because Section 37 of the Narcotic Drugs and Psychotropic Substances Act, which sets a very high bar for granting bail in commercial quantity cases, does not strictly apply to intermediate quantities.
The Court’s Observations and Reasoning
Judge B.S. Jayashree observed that the investigation regarding the recovery of the drugs was largely concluded since the items were already in police custody. The court noted that because the quantity was non-commercial, the bail application should be treated under standard criminal procedure principles unless exceptional circumstances were presented by the prosecution.
The court also took into account that the petitioners are permanent residents of Bengaluru with no prior criminal records. The judge remarked that the apprehension of the prosecution regarding the accused absconding could be mitigated by imposing stringent conditions rather than continued incarceration.
Final Order and Conditions of Bail
The court allowed the bail petition and ordered the release of Sameer Khan and Syed Jabir upon the execution of a personal bond for 1,00,000 Rupees each, with one surety for a like sum. The court imposed the following strict conditions:
- Attendance: The petitioners must appear before the Investigating Officer once a month, specifically on the first Monday, until the charge sheet is filed.
- Jurisdictional Restrictions: They are prohibited from leaving the jurisdiction of the court without prior permission.
- Integrity of Investigation: They must not tamper with prosecution witnesses or abscond from the trial.
- Cooperation: They are required to cooperate fully with the Investigating Officer for any further requirements.
- Prevention of Recidivism: They shall not commit any similar offenses or any other crimes while out on bail.
- Documentation: They must furnish photo ID proof and local address proof for themselves and their sureties.
The court concluded that a breach of any of these conditions would lead to the immediate cancellation of the bail. This ruling reflects the judiciary’s attempt to balance the necessity of a thorough investigation with the fundamental right to personal liberty.