Supreme Court: Under which circumstances person accused of possessing commercial quantity of Ganja can be released on regular bail?

Though the seized quantity of contraband/ganja is shown as a

little above the ‘commercial quantity’ under the NDPS Act, we find that the said seized quantity also contained leaves, seeds and dry vegetative floral parts, which need to be excluded while computing the actual quantity of the contraband/ganja.

Counter affidavit/reply has been filed by the State of

Chhattisgarh and the learned counsel appearing for the State fairly

concedes that the appellant, Rajesh Sahu, has no past antecedents.

In that view of the matter, we are of the opinion that the

appellant, Rajesh Sahu, is entitled to grant of bail at this stage.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2025

RAJESH SAHU  Vs  STATE OF CHHATTISGARH .

Dated: SEPTEMBER 01, 2025.

Leave granted.

The appellant, Rajesh Sahu, is aggrieved by the impugned

judgment/order dated 07.03.2025 passed by the High Court of

Chhattisgarh at Bilaspur, whereby bail was denied to him in

connection with Crime/First Information Report No “FIR” for short. 81 of 2024

dated 16.07.2024, registered with Police Station – Singhoda,

District – Mahasamund (C.G.), Chhattisgarh, for the offence(s)

punishable under Section 20(b) of the Narcotic Drugs and

Psychotropic Substances Act, 1985 “NDPS Act”, for short

The appellant, Rajesh Sahu, is in jail since 16.07.2024 and

the chargesheet has already been filed, i.e., on 24.10.2024.

Though the seized quantity of contraband/ganja is shown as a

little above the ‘commercial quantity’ under the NDPS Act, we find that the said seized quantity also contained leaves, seeds and dry vegetative floral parts, which need to be excluded while computing the actual quantity of the contraband/ganja.

Counter affidavit/reply has been filed by the State of

Chhattisgarh and the learned counsel appearing for the State fairly

concedes that the appellant, Rajesh Sahu, has no past antecedents.

In that view of the matter, we are of the opinion that the

appellant, Rajesh Sahu, is entitled to grant of bail at this stage.

Accordingly, we accept the present appeal and direct that the

appellant, Rajesh Sahu, shall be released on bail in connection

with the aforestated FIR, for the offence punishable under Section

20(b) of the NDPS Act, on appropriate terms and conditions to be

fixed by the trial court.

The appeal is, accordingly, allowed in the aforestated terms,

setting aside the judgment/order dated 07.03.2025.

Pending application(s), if any, shall stand disposed of.

......................J.

(SANJAY KUMAR)

......................J.

(SATISH CHANDRA SHARMA)

NEW DELHI;

SEPTEMBER 01, 2025.

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