The Special Court for Narcotic Drugs and Psychotropic Substances in Bengaluru has granted bail to 23-year-old Siddiq Pasha, who was arrested in connection with a drug peddling case in the Cottonpete area. The order, delivered by Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, on January 6, 2023, highlighted that the quantity of contraband seized from the accused did not meet the “commercial” threshold, thereby allowing for the application of standard bail principles.

Siddiq Pasha, a resident of Viveknagar, Bengaluru, and also Hosakote, was arrayed as Accused Number 2 in Crime Number 195/2022. The case was registered by the Cottonpete Police for offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Section 20(B) of the Act outlines the punishment for the production, manufacture, possession, sale, purchase, transportation, or use of cannabis.

The Investigation and Apprehension of the Accused

The prosecution’s case began on December 12, 2022, when the Cottonpete Police received credible information regarding illegal ganja sales near the back gate of the City Railway Station. A raid was conducted, resulting in the arrest of the first accused, who was found in possession of a plastic bag containing 4 kilograms and 578 grams of ganja.

Following the arrest of Accused Number 1, the police recorded a voluntary statement. Based on the information provided by the first accused, the investigating agency tracked down and apprehended Siddiq Pasha on December 21, 2022. During a personal search of Pasha, the police allegedly recovered 650 grams of ganja. The accused reportedly stated that he had sourced the narcotics from an unknown individual in Krishnagiri, Tamil Nadu.

Arguments for Bail and Legal Interpretation

The petitioner’s counsel argued that Siddiq Pasha was a law-abiding citizen who had been falsely implicated. They contended that the mandatory procedures outlined in the Narcotic Drugs and Psychotropic Substances Act, 1985, were not strictly followed during the recovery. Furthermore, the defense highlighted that Pasha had a permanent residence in Bengaluru and that prolonged detention alongside hardened criminals in prison would ruin his career.

The Public Prosecutor opposed the bail plea, emphasizing the seriousness of the offence and the total quantity seized in the case. The prosecution argued that the combined seizure from both accused totalled 5 kilograms and 228 grams of ganja, which constitutes an “intermediate quantity.” They expressed concerns that the petitioner might tamper with witnesses or engage in similar illegal activities if released.

The Court’s Findings on Ganja Quantity

Judge B.S. Jayashree’s decision turned on the legal classification of the seized drug. According to the Ministry of Finance Notification S.O.1055(E), for ganja, 1000 grams (1 kilogram) is considered a “small quantity,” while 20 kilograms is considered a “commercial quantity.”

The court noted that the 650 grams seized directly from Siddiq Pasha was actually a “small quantity.” Even when considering the total seizure from both accused (5.228 kilograms), the amount remained well below the 20-kilogram commercial threshold and was thus classified as an “intermediate quantity.”

The judge referred to the Supreme Court ruling in Birbal Prasad vs. State of Bihar (2018), where the apex court granted bail in a case involving 14 kilograms of ganja because it was a non-commercial quantity. The Bengaluru court observed that when the quantity is less than commercial, the “rigors” of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, are not attracted. Section 37 usually requires the court to be satisfied that there are reasonable grounds to believe the accused is not guilty before granting bail. However, for non-commercial quantities, the court can exercise more liberal discretion.

Conditions for Release

Concluding that the major part of the investigation was over and custodial interrogation was no longer required, the court allowed the petition under Section 439 of the Code of Criminal Procedure, 1973. Siddiq Pasha was ordered to be released on a personal bond of Rs. 50,000 with one surety of a like sum.

The court imposed several conditions to ensure his appearance:

• The petitioner must attend the police station once a month (first Monday).
• He must not leave the court’s jurisdiction without prior permission.
• He is prohibited from tampering with witnesses or committing any further offences while on bail.
• He must provide photo identification and address proof for himself and his surety.

The court warned that any breach of these conditions would lead to the immediate cancellation of the bail. This ruling reinforces the judicial trend of granting bail in drug cases where the quantity involved does not reach the commercial level defined by the legislature.

Would you like me to provide more details on how the NDPS Act classifies “small” and “commercial” quantities for other substances?