Supreme Court: Whether person possessing 14 Kg of Ganja is entitled to be released on bail?

Taking note of the fact that the quantity involved in this case is only 14 Kgs. of Ganja, which is a non-commercial quantity, we had requested the learned Counsel for the State to ascertain as to whether the Appellant is involved in any other case. {Para 3}

4. Learned Counsel appearing for the State, on instruction, has fairly submitted that the Appellant is not involved in any other case.

5. In the above circumstances, we are of the view that the Appellant should be released on bail, pending trial.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 175/2018 

Decided On: 25.01.2018

Birbal Prasad Vs. The State of Bihar

Hon'ble Judges/Coram:

Kurian Joseph and Mohan M. Shantanagoudar, JJ.

Author: Kurian Joseph, J.

Citation: 2018 ALLMR (CRI)2293 (SC), MANU/SC/0062/2018

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Bombay HC: Under which circumstances person accused of possessing intermediate quantity of Ganja is entitled to be released on bail?

It was found that the present Applicant had cultivated Ganja and in all 27 plants and Ganja were found and the weight of these Ganja was around 14 kilogram. Its value is around Rs. 28,000/-. 

2. The learned counsel for the Applicant submits that the quantity seized is less than the commercial quantity though it is a bigger than the small quantity. It is submitted that the Applicant is behind bars since 7th November, 2013.

3. By way of precaution, a direction was given to the learned APP to ascertain as to whether the Applicant has criminal antecedents. She has made a statement that no such record is there against the Applicant.

4. In view of the aforesaid circumstances, this Court holds that it is not desirable to keep the Applicant behind bars till the disposal of the case, which may be filed against him. IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Criminal Application No. 6416 of 2013

Decided On: 24.12.2013

Jagan Parasram Chavan Vs. The State of Maharashtra

Hon'ble Judges/Coram:

T.V. Nalawade, J.

Citation: 2014 ALL MR (CRI) 4589,MANU/MH/2753/2013

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What are small, intermediate and commercial quantity of Ganja as per NDPS Act and what are punishments for these offences?

 As per the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the "small quantity" of ganja is defined as any quantity up to 1 kilogram (1000 grams). This threshold is specified by a notification from the Central Government and is used to determine the severity of punishment for offences involving ganja.

• : Up to 1 kg (1000 grams) of ganja

• : 20 kg or more of ganja

Possession of ganja in a quantity less than or equal to 1 kg is treated as a "small quantity" offence under the NDPS Act, which attracts a comparatively lighter penalty—rigorous imprisonment up to six months or a fine up to ₹10,000, or both. Quantities above 1 kg but below 20 kg fall into an intermediate category, and quantities of 20 kg or more are considered "commercial quantity," attracting much harsher penalties.

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Kerala HC: What conditions the court should impose for releasing accused found in possession of intermediate quantity of contraband?

Admittedly, the quantity involved is

'intermediate' as per the relevant notifications. {Para8}

9. Accused Nos. 1 and 3 were ordered to be

released on bail as per order dated 18.07.2022 in B.A.

No.5043/2022 by this Court.

10. The learned Public Prosecutor submitted

that the petitioner has criminal antecedents. It is

submitted that he is accused in Crime Nos.21/2022,

347/2015 and 177/2019.

11. Having regard to the facts and

circumstances of the case mentioned above, the

petitioner can be ordered to be released on bail on

stringent conditions.

In the result, this Bail Application is allowed as

follows:

(a) The petitioner shall be released on bail on

his executing bond for Rs.1,00,000/-

(Rupees One lakh only) with two solvent

sureties each for the like sum to the

satisfaction of the jurisdictional court.

(b) He shall appear before the Investigating

Officer on Mondays and Saturdays between

10 A.M. and 11 A.M. till the final report is

filed.

(c) He shall not attempt to interfere with the

investigation or influence any witnesses.

(d) He shall surrender his Indian Passport

before the Jurisdictional Court. If he does

|not have a passport, he shall file an affidavit

to that effect, within a period of one

week from the date of his release.

(e) He shall not involve in any other cases of

like nature while on bail.

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

BAIL APPL. NO. 5531 OF 2022

 AKHIL JOHN  Vs  STATE OF KERALA

PRESENT

MR.JUSTICE K. BABU

Dated this the 21st day of July, 2022

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Chhatisgarh HC: Whether the court can release accused prosecuted for possessing intermediate quantity of Ganja on bail?

 Case of the prosecution, in brief, is that 1.9 Kg (1900 gm) of contraband(Ganja) was seized from the possession of the applicant. Hence, the offence has been registered. {Para 3}

6. Having considered the submissions of learned counsel for the parties, particularly considering that there is no criminal past of the applicant and further considering that intermediate quantity of Ganja has been seized from the possession of the applicant, and lastly considering his pre-trial detention, this Court is inclined to release the applicant on bail.

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 3553 of 2023

 Rahul Kumar Vijay Ram, Vs State Of Chhattisgarh 

Dated:15/6/2023

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