Bombay High Court
DNYANESHWAR BALU SHELARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
A heterogeneous mixture of cannabis parts does not constitute "ganja" under the NDPS Act, warranting the grant of bail.
Summary
The applicant, Dnyaneshwar Balu Shelar, was arrested in connection with the seizure of 101.88 kg of cannabis from a car on 18 March 2024. The prosecution alleged that the seized material, comprising leaves, seeds, stalks and stems, constituted "ganja" under the NDPS Act and sought to deny bail. The defence argued that such a heterogeneous mixture does not meet the statutory definition of ganja, which is limited to flowering or fruiting tops, and relied on several prior judgments. The court examined the CFSL report confirming the mixture and noted that the applicant had been in custody for over two years without trial progress and had no prior NDPS convictions. Relying on precedent that heterogeneous mixtures are excluded from the definition of ganja, the court granted regular bail on condition of a bond and sureties, while directing the trial court to decide the case on its merits.
Issues considered
- Whether a heterogeneous mixture of cannabis leaves, seeds, stalks and stems falls within the definition of "ganja" under Section 2(iii) of the NDPS Act for the purpose of quantifying the offence.
- Whether the applicant is entitled to bail given the nature of the seized contraband, the length of pre‑trial detention, and the absence of prior NDPS convictions.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(c), 29, 2(iii), 8(c)
Subjects
- NDPS Act
- bail
- ganja definition
- heterogeneous mixture
- quantity of contraband
- pre‑trial detention
- criminal procedure
Judgment
24-BA-467-2025 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 467 OF 2025
Dnyaneshwar Balu Shelar … Applicant
VERSUS
State Of Maharashtra … Respondent
_________________________________________________________________
Digitally signed
SONALI by SONALI
SATISH KILAJE
SATISH Date:
2026.05.05
Mr. Tabish Mooman i/b. Mr. Sadiya Khan, Advocate for Applicant.
KILAJE 14:41:35
+0700
Mr. B. B. Kulkarni, APP for the Respondent – State.
PSI – Mr. Mukteshwar Lad, N.D.P.S.Cell, Nashik City, present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 30th APRIL, 2026.
P.C. :
1. By this application, the Applicant is seeking regular bail in
Crime No. 60 of 2024 registered with Mhasrul Police Station, Nashik, for
the offences punishable under Sections 8(c), 20(c) and 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 ("NDPS Act").
2. It is prosecution’s case that on 18.03.2024, on secret
information, police intercepted a car. In search of the said car, police
found Ganja of total 101 kg 880 gm. The applicant and the co-accused
were occupants of the said car.
3. It is contention of learned counsel for the applicant that the
seized contraband was sent for analysis to CFSL and as per CFSL report,
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S.S.Kilaje
the sample consisted of heterogeneous mixture of leaves, seeds, stalk and
stems. It is submitted that such a mixture does not fall within the
definition of Ganja under Section 2(iii), which is restricted to flowering or
fruiting tops of the cannabis plant. It is submitted that this Court, in
various judgments, has held that heterogeneous mixture cannot be treated
as Ganja for the purpose of determining quantity and requested to allow
the application. He relied on :-
i. Ibrahim Khwaja Miya Sayyed @ Raju Vs. The State of
Maharashtra (B.A.No. 1296 of 2022);
ii. Mohammad Jakir Nawab Ali Vs. The State of
Maharashtra (Criminal Application (BA) No. 602 of
2024);
iii. Rahul Bhimrao Pawar Vs. The State of Maharashtra
(B.A. No. 2977 of 2021);
iv. Suresh Maruti Pawar Vs. The State of Maharashtra
(B.A.No. 1599 of 2020);
v. Hari Mahadu Valse Vs. The State of Maharashtra (B.A.
2299 of 2019);
vi. Chand Riyaz Shaikh s/o. Riyaz Shaikh Vs. The Union
of India and Anr.(B.A.No. 3269 of 2022).
4. It is contention of learned APP that commercial quantity of
Ganja has been seized in the car, of which applicant was occupant. The
seized contraband contains leaves, seed, stalks and stems, the same does
not dilute the prosecution’s case as the quantity recovered is substantial
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S.S.Kilaje
and requested to reject the application. He relied on - Shiv Kumar Mishra
Vs. State of Goa1.
5. I have heard both the learned counsel. Perused chargesheet
and documents produced on record. The CFSL report shows that
heterogeneous mixture of Ganja was sent for the examination. This Court
(Coram: Smt. Anuja Prabhudessai, J.) has held that the heterogeneous
mixture cannot fall under the definition of “Ganja” under NDPS Act. The
applicant is behind the bars for more than two years and one month.
There is no progress in the trial. The applicant has no antecedents under
the NDPS Act and I pass following order :
ORDER
i. The applicant be enlarged on bail in C.R.No. 60 of
2024 registered with Mhasrul Police Station, Nashik,
on executing P.R.Bond of Rs. 30,000/- on furnishing
one or two sureties in the like amount.
ii. The applicant shall attend the concerned police station
as and when required.
iii. The applicant shall not tamper with the evidence or
attempt to influence or contact the complainant,
witnesses or any person concerned with the case.
1 (2009) 3 SCC 797
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S.S.Kilaje
6. The application is allowed in the aforesaid terms and is
accordingly disposed of. All pending applications, if any, disposed of.
7. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
8. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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