Bombay High Court

KIRAN RAMCHANDRA POWARversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The court held that the seized material does not prima facie constitute "Ganja" and, given the applicant's clean record, he is entitled to anticipatory bail.

Summary

The applicant, Kiran Ramchandra Powar, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a narcotics case (Crime No. 0285 of 2026) alleging offences under Sections 8(c) and 20(b)(iii) of the NDPS Act. The prosecution claimed that 2.36 kg of "Ganja" was seized from a co‑accused, but the defence argued that the seized material – a greenish leafy substance with flowers and seeds – does not fall within the statutory definition of "Ganja". The court noted that the quantity was intermediate, so the stringent provisions of Section 37 NDPS did not apply, and the applicant had no prior criminal record. Relying on the precedent of Kunal Dattu Kade v. Union of India, the court held that custodial interrogation was unnecessary and granted anticipatory bail with standard conditions. The order disposes of the bail application, directing the applicant to report to the investigating officer and comply with bail conditions.

Issues considered

The seized substance whether qualifies as "Ganja" under Section 2(iii)(b)&(c) of the NDPS Act.
Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the facts and lack of antecedents.
Whether custodial interrogation of the applicant is necessary.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(iii), 2(iii)(b), 2(iii)(c), 37, 8(c)

Subjects

anticipatory bail
NDPS Act
Ganja definition
Section 482
intermediate quantity
bail conditions
criminal antecedents

Judgment

21-ABA-404-2026 (CR)(1).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 404 OF 2026

Kiran Ramchandra Powar … Applicant
Versus.
The State of Maharashtra and Anr. … Respondents

-------
Ms. Sakshi Jankar i/b. Mr. Tanishq Jadhav for the Applicant.
Ms. S.N. Deshmukh, A.P.P. for the Respondents-State.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 17th August 2026.

PER COURT :

1. Heard Ms. Sakshi Jankar, learned Advocate for the Applicant and Ms.

S.N. Deshmukh, learned A.P.P. for the Respondents-State.

2. By the present Application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail,

apprehending arrest in Crime No. 0285 of 2026, dated 28/05/2026,

registered with Karveer Police Station, District Kolhapur, for offences

punishable under Sections 8(c) and 20(b)(iii) of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (NDPS Act).

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3. Ms. Sakshi Jankar, learned Advocate for the Applicant, states that there

are two accused in Crime No. 0285 of 2026, the Applicant being accused

No.2.

4. The prosecution case is that upon receipt of secret information that a

person was visiting Jarag Nagar, Kolhapur, on a Splendor motorcycle bearing

No. MH-09/GS-3958 to sell ‘Ganja’, a raiding party was formed. Amir Hamja

Shakil Nadaf (Accused No.1) was apprehended and 2.36 kg of Ganja was

found in his possession.

5. Ms. Sakshi Jankar, learned Advocate for the Applicant, submits that the

seized substance is a greenish leafy material, flowers and seeds. She submits

that it would not fall within the definition of “Ganja” under Section 2 (iii) (b)

of the NDPS Act, 1985. She submits that the Applicant has been arraigned as

an accused in Crime No. 0285 of 2026, based on a statement made by the co-

accused while in custody. She submits that the Applicant has no criminal

antecedents.

6. Ms. Deshmukh, learned A.P.P. for the Respondent-State submits that

there are call records indicating the Applicant having a conversation with the

accused No.1 in Crime No. 0285 of 2026.

7. Perused the records.

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8. The contraband alleged to have been seized is of an intermediate

quantity. Thus, the rigours of Section 37 of the NDPS Act, 1985 would not

apply.

9. Section 2(iii)(b) & (c) of the NDPS Act, 1985, defines Ganja as the

flowering of fruit tops of the cannabis plant, (excluding the seeds and leaves

when not accompanied by the tops).

10. In the case at hand, the Pachamama shows that the seized substance

was a greenish leafy substance, flowers and seeds. Thus, prima facie, it is

difficult to accept that the alleged prohibited substance is within the

definition of ‘Ganja’ under the NDPS Act.

11. This Court, in Kunal Dattu Kade Vs. Union of India1, on the identical

facts, has granted pre-arrest bail.

12. The Applicant has no criminal antecedents. In view of the above, the

custodial interrogation of the Applicant in Crime No. 0285 of 2026 is not

necessary.

13. In view of the above, this Application is allowed on following terms :-

(a) In the event of the arrest of the Applicant in the Crime No. 0285
of 2026, dated 28/05/2026, registered with Karveer Police
Station, District Kolhapur, for the offences punishable under

1 2020 OnLine Bombay 1770

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Sections 8(c), 20(b) (iii) of The Narcotic Drugs and Psychotropic
Substances Act, 1985, the Applicant shall be released on bail
upon furnishing a PR bond of Rs. 50,000/- (Rupees Fifty
Thousand only), with one or two local sureties in the like
amount to the satisfaction of the Investigation Officer, Karveer
Police Station, District Kolhapur.

(b) The Applicant shall report to the Investigating Officer at Karveer
Police Station, District Kolhapur, on 20/08/2026, 21/08/2026,
24/08/2026 and 25/08/2026, from 10:00 am to 12:00 noon,
and thereafter as and when required by the Investigating Officer.

(d) The Applicant shall not directly or indirectly make any
inducement, threat or promise to any person/s acquainted with
the facts of the case to dissuade such person/s from disclosing
the facts to the Court or any police officer.

(e) The Applicant shall not tamper with evidence in any manner.

(f) The Applicant shall provide the Investigation Officer with his
residential address along with proof, his contact numbers and
must inform the Investigating Officer of any changes to this
information from time to time.

(g) The Applicant shall not indulge in similar types of activities.

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14. The observations made in the present order are meant for the purpose

of deciding the Bail Application and would not have any impact or effect on

the trial.

15. The Anticipatory Bail Application No. 404 of 2026 is disposed off.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.08.18
20:46:14
+0530

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