Bengaluru, India — The XXXIII Additional City Civil & Sessions Judge and Special Judge (NDPS) in Bengaluru, Smt. B.S. Jayashree, has granted regular bail to Fairoz Pasha @ Fairoz, in a case involving the seizure of 7 kilograms of ganja (cannabis). The order, Crl.Misc. No. 2249/2024, was pronounced on March 14, 2024, allowing the petitioner, S/o Imthiyas Pasha, aged 37, to be released from judicial custody.
The case, registered as Cr. No. 104/2024 by the Bharathi Nagar Police Station, involves offences punishable under Section 20(b) and Section 8(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The prosecution had argued for the rejection of bail, citing the gravity of the offense, which is punishable with rigorous imprisonment of 10 to 20 years, and the risk of the accused tampering with witnesses.
Key Determination: Intermediate Quantity
The court’s decision hinged primarily on the legal classification of the seized substance quantity. The prosecution confirmed the seizure of 7 kilograms of ganja from Fairoz Pasha.
The court referenced the Ministry of Finance Department of Revenue Notification S.O.1055(E) dated October 19, 2001, which specifies the small and commercial quantities for ganja at Sl. No. 55:
- Small Quantity: 1,000 grams (1 kg)
- Commercial Quantity: 20 kilograms (20 kgs)
Since the recovered amount of 7 kilograms falls between these two defined limits, the court classified it as an intermediate quantity.
Applicability of Section 37 of NDPS Act
This classification was pivotal because offenses involving “commercial quantity” invoke the stringent restrictions on bail under Section 37 of the NDPS Act, requiring the court to be satisfied that there are reasonable grounds for believing the accused is not guilty and is unlikely to commit any offense while on bail.
The court explicitly ruled: “When the quantity is less than commercial quantity, rigors of Sec. 37 of the NDPS Act will not attract, and factors become similar to bail petitions under regular statues normal, unless the prosecution points towards exceptional circumstances.”
Reliance on Apex Court Precedent
To further support its finding, the court cited the Hon’ble Apex Court decision in Birbal Prasad Vs. State of Bihar (2018 11 SCC 488). In that case, the Supreme Court held that where the quantity involved was 14 Kgs. of ganja—a non-commercial quantity—and the accused was not involved in any other case, the accused should be released on bail pending trial.
The Bengaluru court noted that this case law “aptly applies to the case on hand,” concluding that since the seized contraband was an intermediate quantity, the bail plea should be considered favorably under normal judicial standards.
Details of the Allegation and Investigation Status
The case originated from a credible information received by the Sub-Inspector of Bharathi Nagar Police Station on February 22, 2024, at about 2:30 PM, about a person selling ganja near Netaji Road Bridge. A raid was conducted, the accused was apprehended, and a detailed mahazar (seizure report) was drawn up, confirming the seizure of 7 Kgs. of ganja. The accused was subsequently arrested and remanded to judicial custody.
The court acknowledged the prosecution’s concerns regarding the severity of the punishment but determined that since the quantity was intermediate, and “the major portion of the investigation is concluded,” further custodial interrogation was not warranted. The court further noted that the apprehension of the accused absconding could be “compensated by imposing stringent conditions.”
Conditions for Release
Fairoz Pasha was ordered to be enlarged on bail upon executing a personal bond for a sum of ₹1,00,000/- (Rupees One Lakh) with two sureties for the like sum.
The bail is subject to the following stringent conditions aimed at securing the accused’s cooperation and ensuring the integrity of the judicial process:
- The petitioner shall appear before the concerned Investigating Officer (I.O.) once in a month, preferably on the first Monday of every month between 10:00 AM and 2:00 PM, until the charge sheet is filed or further orders are issued.
- The petitioner shall not leave the jurisdiction of the court without prior permission.
- The petitioner shall not tamper with the witnesses or abscond.
- The petitioner shall cooperate with the I.O. for investigation.
- The petitioner shall not commit a similar offense or any offense while on bail.
- The petitioner shall furnish his photo ID proof and local address proof document, along with the photo ID proof of his sureties, before the court.
- The petitioner shall appear before the court on all hearing dates.
- Breach of any of the conditions would entail the automatic cancellation of bail.
The judgment provides temporary liberty to the accused while emphasizing the seriousness of the allegations through strict conditions, thereby upholding the balance between individual rights and the need for effective prosecution under the NDPS Act.