The Special Court for NDPS cases in Bengaluru has passed a significant order denying bail to Nawaz Pasha, alias Nawaz, who was allegedly caught with a commercial quantity of narcotics. Smt. B.S. Jayashree, the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, delivered the ruling on September 16, 2022, emphasizing the stringent legal requirements for bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act when dealing with large-scale contraband.

The petitioner, Nawaz Pasha, a 30-year-old resident of Mulbagal in Kolar District, approached the court under Section 439 of the Code of Criminal Procedure. He was seeking release from judicial custody following his arrest by the Kalasipalya Police in connection with Crime No. 27/2022. The charges leveled against him include Section 20(B)(ii)(C) of the NDPS Act, which pertains to the possession of commercial quantities of cannabis.

Details of the Arrest and Seizure

The prosecution’s case began on February 7, 2022, when the Kalasipalya Police received credible information regarding drug peddling in the New Guide Hotel lane near Pradeep Circle. Upon conducting a raid, the police observed two individuals carrying plastic bags. When intercepted and questioned, the suspects admitted to carrying ganja.

A search conducted in the presence of an Assistant Commissioner of Police (ACP) led to the recovery of 10 packets of ganja. The total weight of the seized contraband was recorded at 20 kilograms and 215 grams. Nawaz Pasha was identified as Accused No. 2 in the case. The police arrested both individuals on the spot and moved them to judicial custody after following the necessary mahazar procedures.

Arguments for and against Bail

The counsel representing Nawaz Pasha argued that the petitioner was innocent and had been falsely implicated in the case. The defense contended that the police did not follow the mandatory procedures prescribed under the NDPS Act during the search and recovery. Furthermore, the petitioner’s legal team claimed that the quantity allegedly seized was not commercial and that Nawaz was a law-abiding citizen willing to provide solvent sureties to ensure his presence during the trial.

The Public Prosecutor vehemently opposed the bail plea, highlighting that the quantity seized—exceeding 20 kilograms—clearly falls within the “commercial quantity” bracket under the law. The prosecution raised concerns that Nawaz Pasha is a habitual drug peddler and that his release would likely result in him absconding or repeating the crime. They further argued that such activities ruin the lives of the younger generation and that the severity of the punishment, which can extend to 20 years of rigorous imprisonment, justifies his continued detention.

The Rigors of Section 37 and Court’s Ruling

In her detailed reasoning, Judge B.S. Jayashree focused on the legal barriers established by Section 37 of the NDPS Act. This specific provision mandates that for commercial quantities, bail can only be granted if the court is satisfied that there are “reasonable grounds” to believe the accused is not guilty and is unlikely to commit any offense while on bail.

The court referenced several landmark Supreme Court judgments, including Union of India vs. Mohammed Nawaz Khan and State of Kerala vs. Rajesh. These precedents establish that “reasonable grounds” means something more than a prima facie case; it requires a substantial probable cause to believe in the innocence of the accused. The judge noted that a liberal approach to bail in NDPS cases is “uncalled for” given the lethal impact of drugs on society.

The judge observed that the quantity of 20.215 kg of ganja seized from the conscious possession of the accused represents a significant threat to public welfare. The court found that the defense failed to place any material evidence to prove that Nawaz Pasha was not connected to the contraband found in his bag.

Impact of Commercial Quantity on Judicial Discretion

The court highlighted that under Ministry of Finance notifications, any amount of ganja over 20 kilograms is categorized as commercial. In such instances, the negation of bail is the general rule, and the grant of bail is a rare exception. Balancing the liberty of the individual against the collective interest of society, the court concluded that the petitioner must remain behind bars during the pendency of the proceedings.

“The liberty of a citizen has got to be balanced with the interest of the society. In cases where narcotic drugs are involved, the petitioners would indulge in activities which are lethal to the society,” the court noted in its final observations.

Consequently, the bail petition of Nawaz Pasha was officially rejected, and he remains in judicial custody as the trial progresses.