SC grants bail to man arrested with 31.5 kg ganja

New Delhi, Dec 12 The Supreme Court has granted bail to a 27-year-old man who was arrested in September 2023 for allegedly possessing 31.5 kg of ganja (cannabis).

Noting that the accused has spent over two years in custody while the trial has barely progressed, a Bench of Justices Pankaj Mithal and S.V.N. Bhatti observed that “only 9 out of 22 witnesses have been examined so far,” even though the chargesheet has already been filed.

Deepak, a resident of Rajasthan’s Jhunjhunu, was arrested on September 19, 2023, in connection with an FIR lodged for the alleged possession of 31.5 kg of ganja.

Terming it “a case of split recovery”, the Justice Mithal-led Bench said that given the circumstances, “we consider it appropriate to enlarge the petitioner on bail.”

“The petitioner is accordingly directed to be released on bail subject to such terms and conditions as may be imposed by the Trial Court, provided he cooperates with the trial,” ordered the apex court.

Earlier on August 28, the Rajasthan High Court (Jaipur Bench) had dismissed the accused’s second bail plea, holding that the recovery amounted to commercial quantity and attracted the stringent rigours under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

A single-judge Bench of Justice Praveer Bhatnagar had noted that 31.5 kg of cannabis was allegedly recovered from the joint possession of Deepak and a co-accused. Referring to the FSL findings, it said: “In the F.S.L. report, the substance was found to be ‘ganja’ as defined under Section 2(iii)(b) of the NDPS Act.”

Rejecting the argument that the sampling procedure was violated, the Rajasthan High Court held that “even if it is presumed that the proceedings under Section 52-A of the NDPS Act were not conducted properly, still the omission of such procedure does not itself vitiate the recovery.”

Since the recovery involved commercial quantity, the Rajasthan High Court opined it was “not inclined to enlarge the accused-petitioner on bail”.

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