Anticipatory bail in NDPS case granted where wet ganja plants made exact quantity and commercial nature uncertain

In an NDPS prosecution, anticipatory bail was granted because the seized ganja plants were wet and had not been segregated into stems, seeds, flowers, buds and fruits, so the exact nature and quantity of the contraband could not be conclusively determined at the bail stage. The record did not clearly establish commercial quantity, and that uncertainty justified protection subject to stringent conditions. The court treated the inability to prima facie assess quantity as material to the bail decision and extended interim protection accordingly.

---

---

Issues: Whether anticipatory bail should be granted in a prosecution under the Narcotic Drugs and Psychotropic Substances Act where the seized ganja plants were in wet condition and the exact quantity could not be prima facie determined.

Analysis: The seizure was of wet ganja plants uprooted from the spot, and the material had not been segregated into stems, seeds, flowers, buds and fruits. In such circumstances, the exact nature and quantity of the contraband could not be conclusively assessed at the stage of bail. The record did not clearly establish that the seized material was of commercial quantity, and the circumstances justified protection by imposing conditions.

Conclusion: Anticipatory bail was granted to the petitioner subject to stringent conditions.

---