Delhi High Court Grants Bail After Finding Leafy, Seed-Bearing Material Outside NDPS Definition of Ganja

The Delhi High Court has emphasised that the statutory composition of the seized substance matters when deciding whether the stringent commercial-quantity bail restrictions under the NDPS Act apply.

Background and arguments

Under Section 2(iii)(b) of the NDPS Act , ganja refers to the flowering or fruiting tops of the cannabis plant, excluding seeds and leaves when they are not accompanied by those tops.

The chargesheet described the recovered substance as a mixture containing leafy, seed-bearing and grass-like material in addition to flowering or fruiting tops.

How the Court approached the issue

Although the gross recovery was 21.20 kilograms, the Court said the actual quantity of material falling within the statutory definition could be significantly lower. On that basis, the applicability of the strict bail threshold under Section 37 became doubtful.

The Court also considered the filing of the chargesheet, likely duration of trial and the accused's custody of more than a year.

Relief and conditions

The accused was ordered to be released on regular bail on a personal bond of ₹20,000 with one surety of the same amount, subject to the trial court's satisfaction. The observations were expressly confined to the bail stage.