Bombay High Court
ABHAY BIJAY BEEROversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHYAM C CHANDAK
Holding
The applicant is entitled to bail as the net quantity of ganja, after excluding non‑cannabinoid parts, is likely below the commercial quantity and the circumstances justify release.
Summary
The Bombay High Court considered a bail application filed by Abhay Bijay Beero, accused of possessing 22.2 kg of ganja under Sections 8(c) read with 20(c) and 29 of the NDPS Act. The prosecution argued that the entire quantity constituted commercial quantity, invoking the bar under Section 37, while the defence contended that leaves, seeds and vegetative parts should be excluded, reducing the net contraband below the commercial threshold, and highlighted the 15‑month pre‑trial detention without charge framing. The Court examined precedents that require exclusion of non‑cannabinoid parts when computing contraband weight. Finding that the excluded portions likely bring the net quantity below the commercial limit and noting the prolonged detention, the Court held that the applicant was entitled to bail. Accordingly, the Court ordered the release of the applicant on bail with conditions, without expressing any opinion on guilt.
Issues considered
- Whether the weight of ganja, after excluding leaves, seeds and vegetative parts, falls below the commercial quantity prescribed under the NDPS Act.
- Whether the bar to bail under Section 37 of the NDPS Act applies in the present case.
- Whether the applicant's prolonged pre‑trial detention without charge framing warrants the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(c), 29, 37, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- exclusion of leaves and seeds
- Section 37
- pre‑trial detention
- charge framing
Judgment
WAKLE 27 BA2127.2026.DOC
MANOJ
P.H. JAYANI
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.06.18
20:59:44 +0530
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2127 OF 2026
Abhay Bijay Beero …. Applicant
V/s.
The State of Maharashtra …Respondent
Ms. Mallika Sharma for the Applicant.
Mr. Mayur Sonawane for the Respondent – State.
Mr. Kiran Wagh, API, ANC, Worli, Mumbai, present.
CORAM: SHYAM C. CHANDAK, J.
DATED : 17th JUNE, 2026
1) Present Application seeks release of the Applicant/Accused
No.1 on bail in C.R.No.21/2025 registered with ANC Worli Unit
Police Station, Dist. Mumbai for the offences punishable under
Sections 8(c) read with 20(c) and 29 of the Narcotic Drugs and
Psychotropic Substances (“NDPS”) Act, 1985 on the report filed
by Mr. Mahesh Vishnu Jalke, the first informant.
2) Heard Ms. Sharma, learned Counsel for the Applicant and
Mr. Sonawane, learned APP for the Respondent – State.
3) The prosecution case is that on 10/03/2025, at about 22:40
hours, when the patrolling team of ANC Unit, Worli arrived near
building no.84, Railway Colony, Kurla (East), the Applicant and 3
others were present there. Their movements appeared suspicious.
They were holding nylon bags and sacks. Therefore, police
accosted the said persons and enquired with them one by one.
Each of them disclosed that, there is Ganja in their bags and they
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P.H. JAYANI 27 BA2127.2026.DOC
have come their to sell it. Therefore, police called two panchas
and, in their presence, seized that Ganja as per the mandates of
the law. The Ganja weighing total 22.200 kgs. was seized from the
Applicant. Similarly, 22.500 kgs. Ganja was seized from A-2, 3.50
kgs. Ganja was seized from A-3 and 3 kgs. Ganja was seized from
A-4. Thereafter, Mr. Mahesh Jalke, PSI filed the complaint, based
on which aforesaid crime came to be registered and all the accused
were arrested. On completion of investigation, charge-sheet came
to be filed. The trial Court refused to release the Applicant on bail.
4) Ms. Sharma, learned Counsel for the Applicant has prayed
for bail on two grounds. Firstly, she has submitted that the entire
22 kgs and 200 grams of substance seized from the Applicant is
not Ganja because the leaves, seeds and dry vegetative floral parts
need to be excluded from the alleged contraband/Ganja. On such
exclusion, the Ganja allegedly seized would be lesser than the
commercial quantity. Secondly, she has submitted that the
Applicant is behind bars for more than 15 months. Yet, the charge
is not framed. The Applicant has no antecedents. Therefore, the
Applicant is entitled for bail.
5) In reply, Mr. Sonawane, learned APP submitted that the
commercial quantity of Ganja has been seized from the Applicant.
Considering the total quantity of Ganja seized in this case, it is
apparent that the Applicant wanted to sell it. As such, there is a
prima facie case against the Applicant. Therefore, and considering
the bar of Section 37 of the N.D.P.S. Act, the Applicant is not
entitled for bail.
6) I have considered these submissions. The submissions made
by Ms. Sharma are supported with following Order cited by her :
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P.H. JAYANI 27 BA2127.2026.DOC
(i) Rajesh Sahu v State of Chattisgarh (arising out of
SLP(crl.) No.10001/2025 decided on 01/09/2025 (SC)
(ii) Rajadurai v State of Tamil Nadu SLP (Crl.)
No.4729/2026(Order dated 05/05/2026)
(iii) Rahim Karim Shaik v State of Maharastra ( Criminal Bail
Application No. BA/3037/2023) (Bom.HC) (Order
dated 12/10/2023)
(iv) Suraj Kantilal Bora v State of Maharashtra ( Criminal Bail
Application No. 803/2023) (Bom.HC) (Order dated
3/05/2023)
7) The sum and substance of the said Orders cited is that,
leaves, seeds, and dry vegitative floral parts need to be excluded
while computing the actual contraband Ganja.
8) In the case in hand, the Report of the C.A. reads that the
samples A-1, A-3, A-5 and A-7 received from the police contained
Flowering/flowering tops with leaves and stalks and it is Ganja.
Thus, it is clear that the excluded parts leaves and stalks were also
included while weighing the seized Ganja and sent to the C.A. of
the analysis. As such, excluding the excluded parts, the Ganja
allegedly seized may be lesser than the commercial quantity. The
Applicant is in jail for last 15 months. Ms. Sharma submits that,
yet, the charge is not framed. The trial will take considerable time.
In case of Rajadurai (supra), The contraband involved was 22.950,
The Petitioner Rajadurai was in jail for more than one year.
Although charge was framed, no witness was examined till the said
Order. Therefore, bail was granted.
9) In view thereof, the Applicant is entitled for bail. Hence,
following Order :-
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P.H. JAYANI 27 BA2127.2026.DOC
(i) The Applicant – Abhay Bijay Beero be released
on bail in C.R.No.21/2025 registered with ANC Worli Unit
Police Station, Dist. Mumbai for the offences punishable
under Sections 8(c) read with 20(c) and 29 of the NDPS
Act, on his executing P.R. Bond in the sum of
Rs.1,00,000/- with one or two sureties in the like amount.
(ii) The Applicant shall mark his attendance at ANC
Worli Unit Police Station, Mumbai on 1 st day of each
calender month between 11:00 a.m. to 2:00 p.m. till
conclusion of the trial.
(iii) The Applicant shall regularly attend the
proceedings before the jurisdictional Court unless
exempted by the said Court, for the reasons to be recorded
in writing.
(iv) The Applicant shall not tamper with the
prosecution evidence and shall not directly or indirectly
influence upon the prosecution witnesses to prevent them
from deposing against him.
(v) On being released from jail, the Applicant shall
furnish his contact number and residential address to the
Investigating Officer and shall keep him updated, in case
there is any change.
(vi) The Applicant shall not commit any offence.
(vii) By way of abundant caution, it is clarified that
the observations made hereinabove are confined for the
purpose of determination to the entitlement for bail and
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P.H. JAYANI 27 BA2127.2026.DOC
they may not be construed as an expression of opinion on
the guilt or otherwise of the Applicant and the trial Court
shall not be influenced by any of the observations made
hereinabove.
10) Bail Application stands disposed of in aforesaid terms.
(SHYAM C. CHANDAK, J.)
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