NDPS bail on cannabis classification granted where moisture content and plant parts reduced the effective seized quantity.

In a NDPS prosecution involving claimed commercial quantity cannabis, the HC considered the nature of the seized material and the statutory definition of ganja. It noted that the seizure was moisture-laden and included leaves and small stems with flowering tops, and that the NDPS definition covers only the flowering or fruiting tops, excluding seeds and leaves when not accompanied by the tops. On that basis, the Court found the actual cannabis content could be less than the recorded weight of 21 kg 400 gms. The absence of criminal antecedents also supported release, and bail was granted.

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Issues: Whether the applicant was entitled to bail in a prosecution under the NDPS Act where the seized substance was claimed to be commercial quantity cannabis.

Analysis: The bail request was considered on the basis that the seized material was moisture-laden and contained leaves and small stems along with flowering tops. The definition of ganja under the NDPS Act covers the flowering or fruiting tops of the cannabis plant, excluding seeds and leaves when not accompanied by the tops. The Court found that the actual cannabis content could be less than the recorded weight of 21 kg 400 gms. The absence of criminal antecedents also weighed in favour of release on bail.

Conclusion: Bail was granted to the applicant.

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