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Bombay High Court

NILESH @ TUSHAR ASHOK BORSEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

A heterogeneous mixture of cannabis leaves, seeds, stalks and stems does not fall within the definition of "ganja" under the NDPS Act, warranting the grant of bail.

Summary

The applicant, Nilesh @ Tushar Ashok Borse, was arrested in connection with the seizure of 101 kg 880 g of cannabis from a car intercepted by police on 18 March 2024. The prosecution alleged that the seized material constituted a commercial quantity of "ganja" under the NDPS Act, justifying denial of bail. The defence argued that the laboratory report identified the material as a heterogeneous mixture of leaves, seeds, stalks and stems, which does not meet the statutory definition of ganja limited to flowering or fruiting tops. The Court examined prior judgments holding that such mixtures cannot be treated as ganja for quantity calculations. Finding that the applicant had been in custody for over two years without trial progress and had no prior NDPS convictions, the Court granted regular bail subject to a bond and sureties. The order emphasized that the trial court must decide the case on its merits independently of the bail order.

Issues considered

  • The applicability of the definition of "ganja" under Section 2(iii) of the NDPS Act to a heterogeneous mixture of cannabis parts.
  • Whether the quantity seized constitutes a commercial quantity warranting denial of bail.
  • Whether the applicant is entitled to bail given the delay in trial and lack of prior NDPS convictions.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • ganja definition
  • heterogeneous mixture
  • quantity of drugs
  • drug trafficking

Judgment

                                                                                  24-BA-557-2025 (CR) .doc


                             S.S.Kilaje


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL BAIL APPLICATION NO. 557 OF 2025

                             Nilesh @ Tushar Ashok Borse                             … Applicant

                             VERSUS

                             State Of Maharashtra                                  … Respondent
                              _________________________________________________________________
                             Mr. Nadeem Khan i/b. Ms. Sadiya Khan, Advocate for the Applicant.
                             Mr. B. B. Kulkarni, APP for the Respondent – State.
SONALI by
          Digitally signed
          SONALI

SATISH Date:
       SATISH KILAJE


KILAJE 14:41:44 +0700
       2026.05.05            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,

                             the sample consisted of heterogeneous mixture of leaves, seeds, stalk and

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S.S.Kilaje


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

and requested to reject the application. He relied on Shiv Kumar Mishra



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S.S.Kilaje


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.

6.            The application is allowed in the aforesaid terms and is


1    (2009) 3 SCC 797

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S.S.Kilaje


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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